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Petitioner: JAN MUHAMMAD And Others VS Respondent: TAJ MASIH
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Saad Saood Jan Title: JAN MUHAMMAD And Others vs TAJ MASIH Case No.: Civil Petition No. 937 of 1983 Civil Revision No. 51-D of 1983 Date of Judgment:1987-05-13 Reported As: 1987 SCMR 1142 Result: Petition dismissed
Judgment ORDER 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 PLD 1983 SC 181. The view taken by the High Court is plainly right. No ground for interference exists. Dismissed.