MAULVI ANWARUL HAQ, J.--- Vide Mutation No.1657, dated 13-10-1972, the petitioners purchased the suit-land. On 12-10-1973, the respondent filed a suit for possession by pre-emption claiming to be the collateral, co-sharers, owner of the estate as well as the non-occupancy tenant in the suit- land. On 26-1-1976, the suit was sent to the Court of Collector, Muzaffargarh on the ground that the said right conferred by para.25 of MLR 115 was being asserted. On 15-2-1978 it was stated on behalf of the respondent that they give up the plea of tenancy. The case accordingly came back to the civil Court. It was dismissed in default on 28-5-1980, and was restored on 14-5-1981. Now a rival suit had also been filed which was dismissed as withdrawn on 7-11-1982 and finally the trial commenced in the suit filed by the respondent. After recording evidence of the parties learned trial Court decreed the suit on 29-11-1987. First appeal filed by the petitioners was allowed on 1-10-1988.
However, civil revision was allowed by this Court on 3-2-1990 with reference to the judgment in the case Ahmad v. Abdul Aziz, PI.D 1989 SC 771 and the appeal was remanded back. After remand the learned Additional District Judge dismissed the appeal on 12-11-1990. Before I proceed further I may note here that whereas the said order dated 3-2-1990 was passed by my learned brother Mian Allah Nawaz, J., this civil revision was also admitted to hearing by his Lordship after recording a detailed order.
2. Now there is no dispute whatsoever that the suit having been filed on the said ground under the Punjab Pre-emption Act, 1913, was decreed for the first time on 29-11-1987 i.e. After 31-7-1986, the cut-out date set down in Said Kamal's case PLD 1986 SC 360. I have already noted above that the earlier remand order and the present admission order had been passed by the same Honourable Judge. Now the judgment in Ahmad's case PLD 1989 SC 771 was reviewed in re: suo motu Shariat Petition No.1/R of 1989 PLD 1990 SC 865 and it was held that no suit filed on the basis of section 15 of the Punjab Pre-emption Act, 1913 can proceed after 31-7-1986. Now both the said judgments came up for consideration before the Honourable Supreme Court of Pakistan in the case Mst. Aziz Begum v. Federation of Pakistan PLD 1990 SC 899 and it was held that no decree having been passed in a suit filed on the ground of co-ownership till 31-7-1986 the suit could not be decreed after the said date.
3. The civil revision accordingly is allowed. Both the impugned judgments and decrees are set aside and the suit filed by the respondent is dismissed but no orders as to costs.