It is a pre-emption case, which has not so far been decreed. The appellant sought the pre-emption of the land as collateral of the vendor. He died in the meantime and his legal representatives withdrew the appeal. It was dismissed on 16-6-1987, but by the C.M. Mentioned above, the applicants claim and that instead they were also his legal heirs and that withdrawal of the appeal without their joinder was bad in law.
2. The applications appear to be out of place because by the rule laid down in Said Kamal Shah v.
Government of N.-W.F.P. PLD 1986 SC 360. Shariat would apply to the present case and the collateralship, being no qualification therein, the suit could not be sustained. The appeal was rightly withdrawn. No exception could be taken to it even if the applicants were among the heirs of the deceased pre-emptor. Accordingly, C.Ms. No: 4207/C of 1987 and 4208/C of 1987 are dismissed, while C.M. No. 3247/C of 1988 is allowed.