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Civil Revision No. 1474 of 1980, decided on 8th December, 1980.

‑‑Para. 25 (3) (d) read with Punjab Pre‑emption Act (I of 1913), S. 15‑Pre‑emption‑Legislative inserting cl. (d) in sub‑para. (3) of para. 25 of Regulation, held, not only laid down a qualifica tion in addition to qualifications enumerated in S.15 of Act for claiming a right of pre‑emption but also declared that qualification so added shall be superior to all qualifications finding mention in S. 15 of Act.

Muhammad Iqbal and another v. Nazir Ahmed and 3 others 1980 C L C 1012 ref,

‑‑Para. 25(3)(d) read with Punjab Pre‑emption Act (I of 1913), S. 15 ---Pre‑emption‑Person possessing one of qualifications given in S. 15 of Pre‑emption Act and another person having another qualification appearing in S. 15 out to acquire or retain some land sold by a third person, on score of their respective qualifications, person with qualification superior to that of other succeeds in getting/ retaining land regardless of fact of person with superior qualifications being a pre‑emptor or vendee qua sale transferring land‑Such proposition holding good in respect of qualification mentioned in S 15 of Act, no good reason to adopt a different approach in regard to qualifies tio15 given in cl. (d) of sub‑para. (3) of para. 25 of Regulation such being superior to all qualifications listed in S. 15 of Act.

---‑‑ Para. 25 (3) (d) read with Punjab Pre‑emption Act (I of 1913), S. 15‑Pre‑emption‑Just as a pre‑emptor claiming one of qualifi cations given in S. 15 of Act cannot succeed against a vendee having another ‑qualification mentioned therein which is superior to one as serted by pre‑emptor, a suit for pre‑emption by a person having any of said qualifications must fail if in regard to a sale of land in favour of a person who cultivated it as a tenant at time of its sale.

Raja Muhammad Younas for Appellant.

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