1987 PLP 1142 (SCMR)
JAN MUHAMMAD and others‑‑Petitioners Versus TAJ MASIH‑‑Respondent
| Citation | 1987 PLP 1142 (SCMR) |
| Forum / Court | Land Reforms Regulation,1972 M . L . R . 115 |
| Bench Members | Nasim Hasan Shah and Saad Saood Jan, JJ |
| Parties | JAN MUHAMMAD and others‑‑Petitioners Versus TAJ MASIH‑‑Respondent |
| Primary Law | Land Reforms Regulation,1972 [ M . L . R . 115 ] |
Q1: What are the key laws and sections cited in 1987 PLP 1142 (SCMR)?
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 1987 PLP 1142 (SCMR)?
The case was heard and decided by the Land Reforms Regulation,1972 M . L . R . 115 bench comprising: Nasim Hasan Shah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1142 (SCMR) (JAN MUHAMMAD and others‑‑Petitioners Versus TAJ MASIH‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arif Iqbal Hussain Bhatti, Advocate Supreme Court and Tanvir Ahmad, Advocate‑ on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 25th April, 1987.
Headnotes / Summary
(On appeal from the judgment, dated 8‑6‑1985 of the Lahore High Court, Lahore in Civil Revision No. 51‑D of 1983) . ‑‑‑Para. 25(3)(4)‑‑Punjab Pre‑emption Act (I of 1913), S. 15‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Pre‑emption‑‑Tenant's right‑‑View that tenant in land had first right of pre‑emption if he purchases land himself and he can successfully resist claim of all other pre‑emptors who may have a superior right under S. 15, Punjab Pre‑emption Act (I of 1913), upheld‑‑Leave to appeal refused. Muhammad Khan v. Muzaffar P L D 1983 S C 181 rel.
Judgment & Decree
‑‑‑Para. 25(3)(4)‑‑Punjab Pre‑emption Act (I of 1913), S. 15‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Pre‑emption‑‑Tenant's right‑‑View that tenant in land had first right of pre‑emption if he purchases land himself and he can successfully resist claim of all other pre‑emptors who may have a superior right under S. 15, Punjab Pre‑emption Act (I of 1913), upheld‑‑Leave to appeal refused. Muhammad Khan v. Muzaffar P L D 1983 S C 181 rel. Arif Iqbal Hussain Bhatti, Advocate Supreme Court and Tanvir Ahmad, Advocate‑ on‑Record for Petitioners. Nemo for Respondent. Date of hearing: 25th April, 1987. NASIM HASAN SHAH, J.‑‑The suit land was sold to Taj Masih, the tenant in the land. The petitioners claiming to be an owner in the revenue estate, filed a suit to pre‑empt the sale. The trial Court decreed the suit but on appeal the learned District Judge set aside the decree, relying on clause (4) of sub‑paragraph (3) of paragraph 25 of the Land Reforms Regulation, holding that the tenant had the first right of pre‑emption if he purchases the land himself and he can resist the claim of all other pre‑emptors who may have a superior right under section 15 of the Pre‑emption Act. The pre‑emptor filed a revision petition before the High Court. This petition too was dismissed on the ground that Taj Masih being the tenant in the land had the first right of pre‑emption and in case he purchased the land himself he can successfully resist the claim of all other pre‑emptors. In support of this view reliance was placed on this Court's decision in Muhammad Khan v. Muzaffar P L D 1983 S C
181. The view taken by the High Court is plainly right. No ground for interference exists. Dismissed. M.I. /J‑8/S Petition dismissed.