Full Judgment Text & Judicial Ruling

1988 S C M R 1384

1988 S C M R 1384

Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ

MUHAMMAD ASHRAF‑‑Petitioner

versus

MEMBER, BOARD OF REVENUE, PUNJAB LAHORE and others‑Respondents

Civil Petition No.713 of 1984, decided on 4th June, 1988.

(From the judgment dated 5‑5‑1984 of the Lahore High Court in Writ Petition No. 1905 of 1984).

Punjab Pre‑emption Act (I of 1913)‑‑

‑‑‑S.21‑‑Pre‑emption suit‑‑Plaintiff being a lessee and not a tenant at the time of sale cannot claim a superior right.

Jahangir A . Jhoja, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.

Mian Munawar, Advocate Supreme Court and Mian Attaur Rahman, Advocate‑on‑Record for Respondents Nos.2 to 18.

Date of hearing: 4th June, 1988.

ORDER

SAAD SAOOD JAN, J.‑‑The petitioner filed a suit for pre emption in the Revenue Court on the ground that he was a tenant in the land in dispute. The suit was decreed by the Collector and the decree was affirmed by the Additional Commissioner. The Board of Revenue set aside the decree on the ground that the petitioner was a lessee and not a tenant of the land in dispute at the time of its sale. The petitioner invoked the jurisdiction of the High Court to call in question the judgment of the Board of Revenue but without any success. He now seeks leave to appeal from this Court.

2. After hearing the learned counsel we are satisfied that the petitioner was a lessee and not a tenant. His claim to superior right was, therefore, rightly rejected by the Board of Revenue. This petition, is without any merit and is hereby dismissed.

M.B.A./M‑478/S Petition dismissed

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