1. ' SHAFIUR RAHMAN, J.-- The petitioner, an unsuccessful preemptor, seeks leave to appeal against the judgment of the Peshawar High Court dated 18th May, 1983 whereby a civil revision petition filed by him was dismissed and he was not granted a decree for possession on account of superior right of pre-emption.
2. ' The respondent purchased land in Khasra No,633 in village Chitti Dhakhi, tehsil Haripur, district Abbottabad. The petitioner pre-empted the sale on the ground of his being a contiguous owner.
3. The vendee resisted it on the ground of his being a recorded owner in the Shamilat Deh Ghair Mumkin Kassi. The trial Court held that such an ownership of a share in the Shamilat Kassi brought the vendee at par with the pre-emptor and hence disallowed the claim of the petitioner and dismissed his suit. In revision the same finding was affirmed. Hence this petition.
4. ' The learned counsel for the petitioner contended that as held in Mughal Baz Khan v. Sher Afzal Khan 1980 SC MR 692 a share in the Shamilat thoroughfare like Kassi did not entitle the sharer thereof to either claim a right of pre-emption or to resist successfully such a right when advanced by a contiguous pre-emptor.
5. The decisions of this Court in Syed Alam v. Rabia Gul 1981 SCMR 59, Zia Farhat Awan etc. v.
6. Aurangzeb etc. 1981 SCMR 824 and Ahmad Khan v. Sattar Din PLD 1981 SC 148 as also in C.P. 599- R/ of 1983 lay down the law that such a co-sharership in Kassi or Lakhti does entitle to claim successfully or resist successfully pre-emption claim. The legal points sought to be raised by the petitioner stand decided by this Court and the High Court has followed the law thus laid down.
7. ' There is no merit in the petition and leave to appeal is refused.