Law:

Section:

(a) Land Reforms Regulation, 1972 (M.LR.115) ----Para. 25(3)(d)---West Pakistan Land Revenue Act (XVII of 1967), S.164--­Tenant's right of pre-emption ---Extent---Tenant's right of pre-emption in respect of land comprised in his tenancy did not refer to the entire holding or to the share of a landowner in a joint Khata/holding, but referred just to the land comprised in the tenancy of the tenant---Right of tenancy would extend to the extent of specific Khasra number over which petitioner was tenant and 1/4th of same having been sold, he would be entitled to that extent alone, and not to the extent of entire land sold. 1983 SCMR 293; PLD 1986 SC 360 and PLD 1990 SC 865 ref. (b) Land Reforms Regulation, 1972 (M.LR 115)--- ----Para. 25(3)(d)---West Pakistan Land Revenue Act (XVII of 1967), S.164--­Tenant's right of pre-emption ---Entitlement to decree ---Pre-emption suits which had been decreed before 30th July, 1986, would be disposed of under the previous law i.e. Land Reforms Regulation, 1972---Suit having been decreed by Collector on 14-2-1984, same was not affected by the reported as PLD 1990 SC 865. PLD 1990 SC 865 rel. ORDER Brief facts of the case are that Khata No.79 of village Wadoor comprised of 594 Kanals 19 Marlas. Out of that area 1/4th share was sold by one Muhammad Ilyas Khan to the respondent. Mutation No.8436 was accordingly sanctioned on 11-5-1981. Khasra No.1844/623/1 is the part of that Khata which measures 21 Kanals 5 Marlas. The petitioner being tenant on this Khasra number filed suit for pre-emption to the extent of 1/4th sold land i.e. 5 Kanals 6 Marlas in the court of AC/Collector, who after framing the relevant issues decreed the suit accordingly vide order dated 14-2-1984. Being aggrieved by the said order/decree the respondent filed an appeal before the Additional Commissioner on the ground that 1/4th share was sold out from the whole Khata so the petitioner is entitled to get his proportionate share from the whole Khata and not share from Khasra No.1844/623/1. The Additional Commissioner accepted the plea of the respondent and held that the petitioner is entitled to have 4 Marlas of land. The order/decree of the Collector was modified…

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