FAZAL DAD And Others vs MEMBER (REVENUE), BOARD OF REVENUE, PUNJAB, LAHORE And Other
This petition for leave to appeal arises out of a pre-emption suit instituted by the petitioners claiming superior right as tenants against the respondent-vendee. The trial Court dismissed the suit holding that the petitioners were tenants only of a specific Khasra number which had been transferred back to the vendor through a civil court decree, and thus could not maintain the pre-emption suit. The appellate, revisional, and writ courts successively maintained this finding, noting that the civil court decree remained unsatised or unreversed. The core legal question concerned whether a pre-emption suit could be maintained regarding land held by a civil court decree to be in the ownership of the vendor and not included in the sale-deed. The Supreme Court held that no interference was warranted as the concurrent findings of fact regarding the civil court decree and tenancy status were unassailable and involved no question of law. The petition was accordingly dismissed.
- Can a pre-emption suit be maintained on land transferred back to the vendor through a civil court decree?
- Whether the High Court can interfere in writ jurisdiction against concurrent findings of revenue courts based on an operative civil court decree?
ORDER
1. JAVID IQBAL, J.--The background in which this petition for leave to appeal is filed is this that the petitioners instituted a suit for pre-emption assailing the sale of the suit and on the ground that they were tenants of the disputed land and they had a superior right of pre-emption against Muhammad Khan respondent-vendee. The trial Court i.e. Collector Chakwal dismissed the suit of the petitioners, vide his order, dated 25th November, 1982 holding that they were tenants only over Khasra No.2844 out of the disputed land which was transferred back to the vendor through a decree of the civil Court and as such they could not maintain their suit for pre-emption. In appeal and revision the aforesaid judgment of the trial Court was maintained by the Additional Commissioner as well as the Member Board of Revenue Consequently challenging these orders they filed a writ petition which was dismissed by a learned Judge of the Lahore High Court Rawalpindi Bench on 10th February 1985. The finding of the learned Judge while dismissing the writ petition is that the civil Court has already held that the land comprising the disputed Khasra number which was in possession of the petitioners as tenants was to be considered in ownership of the vendor and that that decree of the civil Court had not been set aside by any competent Court.
2. It was therefore operative in respect of the disputed land and the revenue Courts had merely relied upon the same. Since the disputed Khasra number was not included in the sale-deed in favour of Muhammad Khan respondent the learned Judge declined to interfere in writ jurisdiction. Learned counsel was not in a position to contradict this finding of fact. Since on point of law is involved we do not find any force in this petition calling for interference and as a result this petition is dismissed.