' SARDAR MUHAMMAD RAZA KHAN, J.---Mst. Mehtab Begum has filed this appeal against the judgment dated 6-6-2000 of Lahore High Court, Multan Bench whereby a decree for possession through preemption of the suit-land stood concurrently granted against her and in favour of Nawabzada Nasrullah Khan, by three Courts. Her appeal failed before the High Court.
2. Mst. Asooda Begum sold the suit-land in favour of Mst. Mehtab Begum vide Mutation No,17 attested on 31-7-1969 for a sum of Rs,3,00,000. The sale was preempted by Nawabzada Nasrullah Khan on the ground that he was a co-sharer in the Khata, owner in the estate and the real brother of the vendor. His stance was accepted by all the three Courts and a decree stood granted on payment of Rs,3,00,000.
3. The learned counsel for the appellant did not dispute the superior right of the pre-emptor and also did not dispute the amount of consideration. The only objection that he had was that the pre- emptor had already been hit by Land Reforms Regulation. That his surplus land stood resumed and that he had been brought to the level of subsistence holding and that if the present decree is granted to hini, he would again be hit by the Land Reforms Regulation and the grant of decree would be a useless exercise in futility.
4. We have not been convinced by the only argument advanced because whether a person is hit by Land Reforms, either by purchase or by obtaining a decree, is the sole job of Land Commission to determine and that too in future, notwithstanding the argument of the learned opposite counsel that even the alleged previous resumption of land is still a matter sub judice. No pre-emption decree can be refused on the sole ground that it would increase the holding of a pre-emptor from subsistence level. There being no force in the appeal, it is hereby dismissed.