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Petitioner: SHER MUHAMMAD VS Respondent: GHULAM FARID and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: SHER MUHAMMAD vs GHULAM FARID and others Case No.: Civil Petitions Nos.549 and 551 of 1984 Date of Judgment:1988-05-25 Reported As: 1989 SCMR 543 Result: Leave to appeal refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--These are vendee's petitions in pre-emption matters calling in question the dismissal of his two writ petitions by the High Court. ' Learned counsel for the petitioner has contended that firstly the plea of tenancy on the basis of which the respondents/pre-emptors succeeded could not have been allowed; and secondly, that the land in question was not pre-emptible as it was Banjar Qadeem and not agricultural land. With the help of the learned counsel, we have perused the relevant record. The findings of fact in favour of the respondents' side on the question of tenancy at the relevant time are unexceptionable. The argument that only farming grass was sown in the suit land by the respondents prior to the transaction of sale, therefore, it could not be treated as agricultural land, has not impressed us. It is well-known that such grass is sown on some lands as a measure for improvement of their quality as also for earning cash; and thus, it has dual benefits as a cash crop and as also the treatment of land for improvement. The argument of the learned counsel that earlier the land in question was entered in the record as Banjar Qadeem it was not, therefore, agricultural land, is also devoid of force. This by itself is not a ground to hold that the suit land was not agricultural. ' After hearing the learned counsel at some length, we do not find any error legal or otherwise in the impugned judgment. Leave to appeal accordingly is refused and the petitions are dismissed with costs.