Law:

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Punjab Pre-emption Act (I of 1913)---------S. 21-A---Land Reforms Regulation, 1972 (M.L.R. 115), para. 25 (3)---Pre-emption suit---Right of tenant---Status, improvement of---Suit land was sold on 18-9-1970, and pre-emptor filed suit on 14-9-1971, being co-sharer---Trial Court dismissed the suit on the ground that vendee had improved his status under para.25 (3) of Land Reforms Regulation (M.L.R. 115), as he was tenant in the suit-land---Appellate Court allowed the appeal and decreed the suit---Judgment and decree passed by Appellate Court was maintained by High Court in second appeal---Plea raised by the vendee was that under para.25 (3) of Land Reforms Regulation (M.L.R. 115), he had superior right of pre-emption as he was tenant in the suit-land---Validity---Right of pre-emption created under para. 25 (3) of Land Reforms Regulation (M.L.R. 115), was not available to a tenant who had purchased the suit-land before coming into force of Land Reforms Regulation (M.L.R. 115) and question of improved status did not arise---Position of vendee would nave been different if he had purchased the suit-land on a date falling in Kharif 1971 or at any time thereafter while holding the status of a tenant thereof---High Court had rightly taken the view that the vendee could not defeat the right of pre-emptor merely on the ground that he was a tenant at the time of sale of the suit-land in year, 1970, as no right of pre­emption was available to a tenant at that time---Supreme Court declined to take any exception to the passed by High Court---Appeal was dismissed. Piara Khan v. Bashir Ahmed 1991 SCMR 2107 distinguished. Fazal Khan and another v. Ghulam Rabbani PLD 1983 SC 265 fol. Muhammad Younis Bhatti, Advocate Supreme Court for Appellant. Raja Shafqat Abbasi, Advocate Supreme Court for Respondents. Date of hearing: 8th March, 2005. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---This appeal, by leave of the Court, is directed against judgment and decree dated 24-5-1999, passed by a learned Single Judge of the Lahore High Court, Lahore, in R.S.A.No.276 of 1979. 2. The appellant purchased from one Painda Khan suit-land measuring 8 Kanals and 16 Marlas vide Mutation No.2892 attested by…

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