Law:

Section:

Punjab Pre-emption Act (I of 1913)--S. 15---Constitution of Pakistan (1973), Art. 185(3)---Pre-emption suit on basis of being co-sharers in Khewat, co-owners in village and as collaterals of vendor--­None of pre-emptors' claim for superior right having been established their suit was dismissed---Pre-emptors' appeal against dismissal of their suit was accepted and case was remanded for re-determination---Respondent filed revision in High Court claiming on basis of Sher Muhammad's case reported as PLD 1988 SC 412 and Ghulam Qadir's case reported as PLD 1988 SC 701, that as no decree could be passed in favour of pre-emptors after 31-7-1986 and as no Talabs had been mentioned in the plaint, suit should be dismissed---High Court accepted revision and dismissed pre-emptors' suit---Leave to appeal ---Pre-emptors' plea was that on the basis of decision of Supreme Court in Ahmad's case reported as PLD 1989 SC 771, Trial Court had the right to look into the question as regard pre-emptors' superior right as co-sharer in the khata, notwithstanding the fact that Talabs had not been mentioned in the plaint---Petition was converted into appeal in view of Supreme Court's decision in Ahmad's case (PLD 1989 SC 771). Sher Muhammad's case P L D 1988 S C 412 and Ghulam Qadir's case P L D 1988 S C 701 ref. Ahmad's case P L D 1989 S C 771 rel. ORDER RUSTAM S. SIDHWA, J.---This is a petition by Abdul Khaliq and others, petitioners, seeking leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench. dated 21-11-1988. 2. Abdul Khaliq and others, petitioners, instituted a suit against Subedar Muhammad Sharif and others, respondents, to pre-empt the sale in their favour. The petitioners claimed their superior right on the basis of being co-sharers in the Khewat, co-owners in the Mouza and as collaterals of the…

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