1982 PLP 2049 (CLC)
FATEH MUHAMMAD‑Appellant Versus RAJANY KHAN AND ANOTHER‑Respondents
| Citation | 1982 PLP 2049 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Saad Saood Jan, J |
| Parties | FATEH MUHAMMAD‑Appellant Versus RAJANY KHAN AND ANOTHER‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑ |
Q1: What are the key laws and sections cited in 1982 PLP 2049 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1982 PLP 2049 (CLC)?
The case was heard and decided by the Lahore bench comprising: Saad Saood Jan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1982 PLP 2049 (CLC) (FATEH MUHAMMAD‑Appellant Versus RAJANY KHAN AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Talib H. Rizvi for Appellant.
Headnotes / Summary
‑‑S. 100 read with Land Reforms Regulation, 1972 (M L R 115) Right of pre‑emotion‑Appellant found in enjoyment of superior right of pre‑emotion only in respect of one khata‑Appellant's contention that he being a tenant in land comprised in other khata as such had superior right‑Sale of land in question completed prior to enforcement of Martial Law Regulation No. 115 conferring such right‑Contention, held, had no force in circumstances.[Pre‑emption].
Judgment & Decree
RAJANY KHAN AND ANOTHER‑Respondents Regular Second Appeal No. 703 of 1975, decided on 13th November, 1975. ‑‑S. 100 read with Land Reforms Regulation, 1972 (M L R 115) Right of pre‑emotion‑Appellant found in enjoyment of superior right of pre‑emotion only in respect of one khata‑Appellant's contention that he being a tenant in land comprised in other khata as such had superior right‑Sale of land in question completed prior to enforcement of Martial Law Regulation No. 115 conferring such right‑Contention, held, had no force in circumstances.[Pre‑emption]. Talib H. Rizvi for Appellant. This second appeal arises out of a pre‑emotion suit. The land transferred under the impugned sale fell in the ownership of respondents. The appellant who was the pre‑emptor was found to be in enjoyment of superior right only in respect of one Khata. His claim for the possession of the other Khata was rejected. The .appellant contends that he was a tenant in the land comprised in the other Khata and as such with regard to A the last too he had superior right. This contention is without any merit for the impugned .sale. was completed prior. to the enforcement of the Martial Law Regulation No. 115, which for the ‑first time conferred a right of pre‑emotion on the tenants. No other, point. was raised in this appeal which is hereby dismissed in limine. M.Y.M. Appeal dismissed.