1988 SCMR 1384

MUHAMMAD ASHRAF Versus MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE

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Citation1988 SCMR 1384

CourtSupreme Court of Pakistan

Case No.Civil Petition No.713 of 1984

Date1988-06-04

Judge(s)Muhammad Afzal Zullah and Saad Saood Jan

Authored bySaad Saood Jan

ResultPetition dismissed

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