1. MUHAMMAD HALEEM, C.J.--Leave to appeal is granted to the petitioner to consider:-
(a) Whether the High Court was in error to follow the decision by the Shariat Bench in the case of Haji Naimatullah Khan and another v . Government of Pakistan through Ministry of Law PLD 1979 Pesh. 104, and so to deny the petitioner the right to pre-empt the sale in the capacity of tenant; and
(b) As to the factum of his actual possession not being taken into consideration as against the entries in Misl-e-Haqiat while seeking to enforce his right of pre-emption on the date of sale and thereafter.
2. Security for costs Rs.2,000. Meanwhile status quo as to possession. Appeal arising from the petition shall be heard on the present record with liberty to the parties to file fresh documents, if any.