2000 SCMR 1257 SUPREME-COURT

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ALLAH DITTA VS SAID Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973 S.4---Constitution of Pakistan (1973), Art. 185(3)---Right of pre emption---Subsisting right---Trial Court dismissed suit filed by pre-emptor, whereas Lower Appellate Court decreed the same and second appeal was dismissed by High Court--- -Pre-emptor being a tenant was ordered to be ejected from the suit land by Revenue Authorities but such order of Revenue Authorities was set aside by Board of Revenue---Validity---High Court was right in holding that the pre-emptor could not be said to have lost his superior right at the third stage, particularly when decree in the suit had preceded the initial order of eviction in revenue jurisdiction--Pre-emptor's right was resurrected, while the proceedings were pending, with Board of Revenue; recalling his eviction---Leave to appeal was refused.