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Petitioner: REHMAT ALI And Others VS Respondent: NAEEM AHMAD And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: REHMAT ALI And Others vs NAEEM AHMAD And Other Case No.: Civil Petition for Special Leave to Appeal No. 1166 of 1984 C.R. No. 1551/1 Date of Judgment:1987-03-08 Reported As: 1987 SCMR 842 Result: Petition dismissed
JUDGMENT
JUDGMENT SAAD SAOOD JAN, J.-- This is a petition for special leave to appeal from the order dated 7-10-1984 of the Lahore High Court dismissing the revision petition- preferred by the petitioners. 2. One Ghulam Jillani, now dead, filed a suit for pre-emption arising out of a sale of agricultural land on the ground inter alia that he was a co-sharer in the land sold. The suit was dismissed by the trial Court for the reasons that it was barred by time and that the superior right claimed by him had not been established. On appeal, the District Judge reversed these findings and decreed the suit. The petitioners who were the vendees filed a revision petition in the High Court but without any success. They now seek leave to appeal from this Court. 3. It is not disputed that Ghulam Jillani was a co-sharer in the Khata relating to the land in dispute. However, it is contended on behalf of the petitioners that Ghulam Jillani had purchased land in the Khata for the construction of a house and that he had constructed a house thereon. Consequently, he could not be regarded as a co-owner in agricultural land. We find little merit in this contention. The learned Single Judge in the High Court and the District Judge have found that the land purchased by Ghulam Jillani continued to be for most part agricultural and was being used for sowing different crops. That being so, the mere fact that he had raised a structure on a part of the land in the joint Khata would not detract from his status as co-owner of agricultural land. This petition is without any merit and is hereby dismissed.