Law:

Section:

Punjab Pre-emption Act (I of 1913)---S.21---Martial Law Regulation No. 115, Para. 25---Notification, dated 10-8-1973 of Land Commission---Constitution of Pakistan (1973), Art. 185(3)---Right of pre-emption ---Tenant from lessee ---Entitlement---Petitioners were denied right of pre-emption under Para. 25 of Martial Law Regulation No. 115, being tenants from lessee---Contention of the petitioners was that in para. 25 of Martial Law Regulation No. 115, it had been provided that a tenant qua land comprising his tenancy had superior right of pre-emption and under the Notification, dated 10-8-1973 of Land Commission, such tenant was also found to be entitled to benefit of Para. 25 of Martial Law Regulation No.115--¬Petitioners further contended that even if lessee had been excluded from the definition of tenant, the petitioners actually tilling the land would still be entitled to right of pre-emption under para. 25 of Martial Law Regulation No. 115 regarding land comprising their tenancy and it was irrelevant as to who was their landlord---Leave to appeal was granted by Supreme Court to consider the contentions of the petitioners. ORDER MUNIR A. SHEIKH, J.---The petitioners were found to be tenants of Sikandar who was lessee of the land. The High Court has held in the impugned judgment that a tenant from lessee did not have right of pre-emption under paragraph 25 of the M.L.R. 115. 2. Learned counsel for the petitioners has brought to our notice a notification issued by the Land Commission, dated 10-8-1973, which is reproduced below in extenso:--- "I am directed to state that it has been brought to the notice of the Chief Land Commissioner, Punjab that all certain places lessees are being treated as tenants for the purpose of para. 25 of Martial Law Regulation No. 115 of 1972 and their applications alleging unauthorized ejectment are also dealt with under this Secretariat's Notification No. DSL-71-73/1007-LC(II), dated the 9th March, 1973. Attention in this respect is invited to this Secretariat's subsequent Notifications Nos. DSL-142/73/1628-LC(II), dated the 23rd April, 1973 and No. DSL-142/73/2322-LC(II), dated the 8th June, 1973 in which it has already been…

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