1989SCMR310 (2) (PLP)
PIARA KHAN Petitioner Versus BASHIR AHMAD — Respondent
| Citation | 1989SCMR310 (2) (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | PIARA KHAN Petitioner Versus BASHIR AHMAD — Respondent |
| Primary Law | Land Reforms Regulation, 1972 (MLR 115) |
Q1: What are the key laws and sections cited in 1989SCMR310 (2) (PLP)?
This judgment primarily cites: Land Reforms Regulation, 1972 (MLR 115) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR310 (2) (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR310 (2) (PLP) (PIARA KHAN Petitioner Versus BASHIR AHMAD — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Riaz Anwar, Advocate Supreme Court and Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner.
- Abul Aasim Jafri, Advocate-on-Record for Respondent.
- Date of hearing: 16th May, 1988.
- Riaz Anwar, Advocate Supreme Court and Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.
- Abul Aasim Jafri, Advocate‑on‑Record for Respondent.
Headnotes / Summary
(On appeal from the judgment and order of Lahore High Court, Multan Bench dated 23-11-1982 in Civil Rev. 557/13/82).
Para. 25(3) (d)--Constitution of Pakistan (1973), Art. 185(3)--Petitioner, who purchased land in dispute through oral sale, was a tenant in land at the time of sale--Sale gave rise to two pre-emption suits one by respondent and other by a third person--Respondent's quit was decreed which was upheld upto High Court- Tenants were given first right of pre-emption by para. 25(3)(d) of MLR 115 by the time respondent instituted suit--Leave to appeal granted to examine question that even though petitioner had become owner by the time MLR 115 was promulgated, yet as sale was in favour of tenant, suit of respondent for pre emption teas not maintainable.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The, petitioner purchased the land in dispute through an oral sale which was evidenced by a mutation attested on 12‑9‑1971. The sale gave rise to two pre‑emption suits; the respondent filed one and one Iqbal Ahmad Khan brought the other. The respondent's suit was instituted on 12‑7‑1972. It was decreed by the trial Court and the District Judge, Muzaffargarh, upheld its judgment in appeal. The petitioner filed a revision petition in the High Court but without any success. He now seeks leave to appeal from this Court.
2. Admittedly the petitioner was a tenant in the land in dispute at the time of the sale. By the time the respondent instituted the suit, the tenants were given the first right of pre‑emption by paragraph 25(3)(b) of Martial Law Regulation No.
115. In support of this petition it is contended that even though the petitioner, had become an owner by the time M.L.R. 115 was promulgated, yet as the sale was in favour of a tenant the suit of' the respondent for pre‑emption was not maintainable. This contention needs examination. Leave to appeal is granted. Security for costs in the sum of Rs. 5,
000. The appeal may he made. ready for hearing on the present record with direction to the parties to file additional necessary documents, if any. M.Y.H./P‑62/S Leave granted.