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BAKHSHAI versus QUTAB DIN


Martial Law Regulation 1972 No. 115 paragraph 25 civil procedure code (v. 1908), section 100 of the Punjab Pre-Emission Act (I of 1913), section 15 of the Transfer of Property Act (IV of 1882), section 111 (d) of the first seller who acquired the land. Have purchased. In question, he was later transferred to the seller's right to inherit the claimant's seller. The case was filed for pre-arrest, with the co-plaintiff in the subrogation case, after which the two courts below dismissed the claim of the tenant of the landlord's suit and the claim of the plaintiff was justified after which the seller originally filed the suit. The land in question was purchased by the vendor. 23 10 1970, therefore, the sale in favor of him was not in recognition of the high discriminatory right then the seller's rights were merged as subsidiary rights under section 111 (d), the Transferred Property Act, 1882. The landlord ceased to be a tenant by purchase on 23 10 1970. Under the question, the tenant was given the right of pre-emption by Land Reform Regulation 1972, Para 25, while the shopkeeper thereafter. As a landlord and not as a tenant, the plaintiff's dismissal on the basis of alleged tenancy in his favor cannot resist the rightful owner. The plaintiff's right of right has been rightly rejected by the two courts below, no correct ground was made to interfere with such finding.

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