Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MALA AND 7 Others VS Respondent: JAHANGIR AND 3 Other
Court Name: Supreme Court of Pakistan Judge(s): Shahnawaz Khan, Muhammad Haleem, Shafi-ur-Rehman Title: MALA AND 7 Others vs JAHANGIR AND 3 Other Case No.: Civil Review No. 41 of 1981 Civil Appeal No. 91 of 1979 Date of Judgment:1981-12-11 Reported As: 1982 SCMR 239 Result: Petition dismissed
Judgment ORDER SHAFI-UR-RAHMAN, J. The petitioners seek review of our judgment dated, 25-4-1981 whereby their appeal was dismissed. 2. The two grounds taken up by the learned counsel for the petitioners, Malik Allah Yar, Khan Advocate, are that the question of waiver of his rights of pre-emption as a tenant by Jahangir, was not considered in the judgment and an erroneous view has been taken with regard to the jurisdiction of Collector and others in the hierarchy in a matter where dispossession of the tenant had taken place at the instance of a person other than the landlord himself. For the latter proposition, reliance has been placed on the decision of Wall Dad v. Deputy Commissioner Karachi and 2 others (PLD 1975 Kar. 202). 3. In paragraph 12 of the judgment the act of the tenant Jahangir which was pleaded as estoppel was voluntary surrender of land was considered but not in the context of his pre-emptive right as a tenant of the land. His conduct was considered in the background of alleged forcible dispossession, We consider that so far as the question of pre-emptive rights is concerned, I should have been raised and with the decision of the authority having exclusive jurisdiction over such claims, should reach a finality not open to question in the proceedings before us. This was, in fact, not one of the matters examined in the High Court. 4. The decision referred to above by the learned counsel for the petitioners has no relevancy to the point in issue in this case because a meaning and effect was given to the word `tenant' used in para. 24 and 26 of the Land Reforms Regulation. Here the word 'landlord' did not as such exist in the Regulation and the learned counsel wanted that it should be read there. The question of
---
## Page 2
jurisdiction has been dealt with at great length and a rehearing on the same matter by way of review is no not called for. 5. The petition has no merit and is dismissed.