1981 PLP 1696 (CLC)
HAQ NAWAZ‑Petitioner Versus TAJ MEHMUD AND OTHFRS‑Respondents
| Citation | 1981 PLP 1696 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Mohammad Ilyas, J |
| Parties | HAQ NAWAZ‑Petitioner Versus TAJ MEHMUD AND OTHFRS‑Respondents |
| Primary Law | (b) Land Reforms Regulation, 1972 [M. L. R. 115]‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1696 (CLC)?
This judgment primarily cites: (b) Land Reforms Regulation, 1972 [M. L. R. 115]‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1696 (CLC)?
The case was heard and decided by the Lahore bench comprising: Mohammad Ilyas, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1696 (CLC) (HAQ NAWAZ‑Petitioner Versus TAJ MEHMUD AND OTHFRS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Muhammad Younas for Appellant.
Headnotes / Summary
(a) Land Reforms Regulation, 1972 [M. L. R. 115]‑ ‑‑Para. 25 (3) (d) read with Punjab Pre‑emption Act (I of 1913), S. 15‑Pre‑emption‑Legislative inserting cl. (d) in sub‑para. (3) of para. 25 of Regulation, held, not only laid down a qualifica tion in addition to qualifications enumerated in S.15 of Act for claiming a right of pre‑emption but also declared that qualification so added shall be superior to all qualifications finding mention in S. 15 of Act. Muhammad Iqbal and another v. Nazir Ahmed and 3 others 1980 C L C 1012 ref, ‑‑Para. 25(3)(d) read with Punjab Pre‑emption Act (I of 1913), S. 15
Pre‑emption‑Person possessing one of qualifications given in S. 15 of Pre‑emption Act and another person having another qualification appearing in S. 15 out to acquire or retain some land sold by a third person, on score of their respective qualifications, person with qualification superior to that of other succeeds in getting/ retaining land regardless of fact of person with superior qualifications being a pre‑emptor or vendee qua sale transferring land‑Such proposition holding good in respect of qualification mentioned in S 15 of Act, no good reason to adopt a different approach in regard to qualifies tio15 given in cl. (d) of sub‑para. (3) of para. 25 of Regulation such being superior to all qualifications listed in S. 15 of Act. (c) Land Reforms Regulation, 1972 [M. L. R. 115]
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‑‑ Para. 25 (3) (d) read with Punjab Pre‑emption Act (I of 1913), S. 15‑Pre‑emption‑Just as a pre‑emptor claiming one of qualifi cations given in S. 15 of Act cannot succeed against a vendee having another ‑qualification mentioned therein which is superior to one as serted by pre‑emptor, a suit for pre‑emption by a person having any of said qualifications must fail if in regard to a sale of land in favour of a person who cultivated it as a tenant at time of its sale.
Judgment & Decree
(a) Land Reforms Regulation, 1972 [M. L. R. 115]‑ ‑‑Para. 25 (3) (d) read with Punjab Pre‑emption Act (I of 1913), S. 15‑Pre‑emption‑Legislative inserting cl. (d) in sub‑para. (3) of para. 25 of Regulation, held, not only laid down a qualifica tion in addition to qualifications enumerated in S.15 of Act for claiming a right of pre‑emption but also declared that qualification so added shall be superior to all qualifications finding mention in S. 15 of Act. Muhammad Iqbal and another v. Nazir Ahmed and 3 others 1980 C L C 1012 ref, (b) Land Reforms Regulation, 1972 [M. L. R. 115]‑- ‑‑Para. 25(3)(d) read with Punjab Pre‑emption Act (I of 1913), S. 15
Pre‑emption‑Person possessing one of qualifications given in S. 15 of Pre‑emption Act and another person having another qualification appearing in S. 15 out to acquire or retain some land sold by a third person, on score of their respective qualifications, person with qualification superior to that of other succeeds in getting/ retaining land regardless of fact of person with superior qualifications being a pre‑emptor or vendee qua sale transferring land‑Such proposition holding good in respect of qualification mentioned in S 15 of Act, no good reason to adopt a different approach in regard to qualifies tio15 given in cl. (d) of sub‑para. (3) of para. 25 of Regulation such being superior to all qualifications listed in S. 15 of Act. (c) Land Reforms Regulation, 1972 [M. L. R. 115]
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‑‑ Para. 25 (3) (d) read with Punjab Pre‑emption Act (I of 1913), S. 15‑Pre‑emption‑Just as a pre‑emptor claiming one of qualifi cations given in S. 15 of Act cannot succeed against a vendee having another ‑qualification mentioned therein which is superior to one as serted by pre‑emptor, a suit for pre‑emption by a person having any of said qualifications must fail if in regard to a sale of land in favour of a person who cultivated it as a tenant at time of its sale. Raja Muhammad Younas for Appellant.