1989SCMR847 (PLP)
MUHAMMAD ASLAM and others — Petitioners Versus KALA KHAN Represented by his Legal Heirs — Respondent
| Citation | 1989SCMR847 (PLP) |
| Forum / Court | Land Reforms Regulation, 1972 M.L.R. 115-- |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash, JJ |
| Parties | MUHAMMAD ASLAM and others — Petitioners Versus KALA KHAN Represented by his Legal Heirs — Respondent |
| Primary Law | Land Reforms Regulation, 1972 [M.L.R. 115] |
Q1: What are the key laws and sections cited in 1989SCMR847 (PLP)?
This judgment primarily cites: Land Reforms Regulation, 1972 [M.L.R. 115] as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR847 (PLP)?
The case was heard and decided by the Land Reforms Regulation, 1972 M.L.R. 115-- bench comprising: Nasim Hasan Shah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR847 (PLP) (MUHAMMAD ASLAM and others — Petitioners Versus KALA KHAN Represented by his Legal Heirs — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mirza Muhammad Anwar Beg, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 29th January, 1989.
- Mirza Muhammad Anwar Beg, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the judgment dated 7-12-1987 of the Lahore High Court, Rawalpindi Bench in Writ Petition No.667 of 1986).
Para.25--Pre-emption--Constitution of Pakistan (1973), Art. 185(3)--Pre-emptor successfully pre-empted sale of land made by landlord in favour of vendees/petitioners on ground of their being tenant in cultivating possession of land--Petitioner's plea that respondent /pre-emptor's attorney in cross examination, had stated that pre-emptor was in possession of land as an owner, hence he could not pre-empt sale, repelled--Same contention was also raised before High Court where it was rejected on the ground that it was established on record that such pre-emptor was in continuous possession of land since long as a temporary allottee, and that statement of attorney, read in its true perspective did not contradict stand of respondent /pre-emptor that he was tenant of land--High Court's view being in accord with record, was factually correct--Leave to appeal was refused in circumstances.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑The respondent Kala Khan (now deceased represented by his Legal Representatives) successfully pre‑empted the sale of land made by the landlord in favour of the petitioners on the ground of being a tenant in cultivating possession of the land in dispute. It is contended that the respondent's attorney in his cross‑examination had stated that Kala Khan was in possession of the land as an owner and hence he could not have pre‑empted the sale. This contention was also raised before the High Court and it was found that it was established on the record that Kala Khan was in continuous possession of the land in question (since the year 1948) as a temporary allottee and that the statement of the Attorney, read in its true A perspective, did not contradict the stand of the respondent that he was the tenant of the land. We have also gone through the available record and are inclined to agree with the above view of the High Court. No ground for interference is made out.