1998 SCMR 253 SUPREME-COURT

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KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMED Constitution of Pakistan 1973--185 , ----Para. 25---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit--Plaintiffs suit for possession through pre-emption on the ground that he, being tenant, was possessed of superior right of pre-emption ---Defence in suit was that plaintiff was not tenant at the time of sale, for order of ejectment was passed against him almost six months before sale of land in question---Board of Revenue ultimately dismissed plaintiffs suit on the ground that with passing of order of eviction, tenancy in favour of plaintiff stood terminated on specified date, therefore, he could not claim status of tenant so as to maintain suit for preemption ---High Court affirmed order of Board of Revenue on such ground--Validity---Plaintiffs plea that order of eviction having not been executed he would retain status of tenant was of no consequence---Question whether or not possession was obtained in execution of order of eviction was not of much importance for case of defendant was that with passing of order of eviction, tenancy in favour of plaintiff stood terminated and after that plaintiff was not i possessed of status of tenant, a qualification required to be possessed by preemptor at time of sale sought to be pre-empted at time of filing of suit and also to retain said qualification till date of decree of suit---Where tenant had lost such right at any stage during pendency of suit, his suit for pre-emption could not succeed---High Court having rightly dismissed plaintiffs suit no interference was warranted therein---Leave to appeal was refused in circumstances.