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Civil Petition No. 400 of 1986, decided on 30th June, 1986.

(On appeal from the judgment, dated 4‑3‑1986 of the Lahore High Court in R . S . A . No. 544 of 1978) .

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Punjab Pre‑emption Act (I of 1913), S. 21‑‑Suit for pre‑emption ‑‑Sale of land not valid‑‑Sale being violative of Martial Law Regulation No. 64 its Mutation not sanctioned by revenue authorities‑ Suit of pre‑emptor decreed‑‑Leave to appeal granted to consider plea that suit filed to pre‑empt sale which was not sanctioned by revenue authorities was of no avail as there was no valid sale in the eye of law which could have been pre‑empted and view expressed by Courts below that this was a case of re‑sale or return of property to petitioners was erroneous in law as no sale at all had in fact taken place.

Ch. Mushtaq Ahmad Khan, Advocate Supreme Court and Iqbal Ahmad Qureshi (absent) for Petitioners.

Ali Ahmad Malik, Advocate Supreme Court for Respondents.

Date of hearing: 30th June, 1986.

It is .submitted in support of this petition that the sale of the land in dispute by the petitioners in favour of Mst. Fatima Bibi respondent No. 2, vide sale‑deed, dated 12‑7‑1969, was violative of Martial Law Regulation No. 64 and, therefore, the Revenue Authorities, vide order, dated 6‑12‑1969, refused to sanction the mutation of sale. Hence, the suit filed thereafter on 14‑1‑1970, to pre‑empt the said sale was of no avail, there being no valid sale in the eye of law which could have been pre‑empted. The view expressed by the learned Courts below, while decreeing the suit of the pre‑emptor, that this was a case of re‑sale or return of the property to the petitioners was erroneous in law as no sale at all had in fact taken place.

Leave granted.

Security Rs.2,500.

Interim order, dated 16‑4‑1986 to continue meanwhile.

M. I. Leave granted.

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