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FATEH MUHAMMAD versus RAJANY KHAN


Section 100 reads with Land Reform Regulation, 1972 (MLR 115) Appellant's Right to Realization Appellant finds in the context of the Appellant of only one account that he is a tenant in another covered land. Prior to the enactment of Martial Law Regulation No. 115, there was a right to the sale of the underground land;

1982 C L C 2049

[Lahore]

Before Saad Saood Jan, J

FATEH MUHAMMAD‑Appellant

versus

RAJANY KHAN AND ANOTHER‑Respondents

Regular Second Appeal No. 703 of 1975, decided on 13th November, 1975.

Civil Procedure Code (V of 1908)‑

‑‑S. 100 read with Land Reforms Regulation, 1972 (M L R 115) Right of pre‑emotion‑Appellant found in enjoyment of superior right of pre‑emotion only in respect of one khata‑Appellant's contention that he being a tenant in land comprised in other khata as such had superior right‑Sale of land in question completed prior to enforcement of Martial Law Regulation No. 115 conferring such right‑Contention, held, had no force in circumstances.[Pre‑emption].

Talib H. Rizvi for Appellant.

ORDER

This second appeal arises out of a pre‑emotion suit. The land transferred under the impugned sale fell in the ownership of respondents. The appellant who was the pre‑emptor was found to be in enjoyment of superior right only in respect of one Khata. His claim for the possession of the other Khata was rejected. The .appellant contends that he was a tenant in the land comprised in the other Khata and as such with regard to A the last too he had superior right. This contention is without any merit for the impugned .sale. was completed prior. to the enforcement of the Martial Law Regulation No. 115, which for the ‑first time conferred a right of pre‑emotion on the tenants. No other, point. was raised in this appeal which is hereby dismissed in limine.

M.Y.M. Appeal dismissed.

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