1. MIAN BURHANUDDIN KHAN, J.--The ,learned counsel for the parties have agreed to the remand of the case to High Court for decision on merits.
2. The learned counsel for the respondent had made statement that 'Talab' in the instant case was not made as it was not necessary for a tenant pre-empting under the provision of M.L.R. 115.
3. In view of this the appeal is allowed and the case is remanded to the High Court for decision on merits as well as on the question whether 'Talab' is or is not necessary under the provisions of M.L.R.