Suit instituted by the respondent on 2-1-1980 to pre-empt a sale of agricultural land on the grounds of his collateral relationship with the vendors and also being a co-sharer therein, was decreed for the first time on 17-11-1987 by the trial Court after protracted proceedings.
2. Appeal there against brought by the vendees came up for hearing before the learned District Judge who held that the plaintiff is a co-sharer in the Khewat of the suit land and is, hence, possessed of a superior right of pre-emption on that count. His claim on the plea of collateral relationship was, however, negatived on the authority of the cases of Malik Said Kamal Shah, reported as PLD 1986 SC 360 and Sardar A.I and others PLD 1988 SC 287. Attention of the learned appellate Judge does not appear to have been drawn to Muhammad Shoaib and others v.
Member (Revenue) and others PLD 1988 SC 355 nor even to the proposition (laid down in the cases cited by him) that no decree is open to be passed after 31-7-1986 in those cases wherein prior thereto a decree had not been I passed at any stage.
Result is that the trial Court's decree dated 17-11-1987 was passed unlawfully and could not be sustained. The same is set aside upon accepting this revision petition and the suit of the respondent, having become infructuous in view of the law declared by the Supreme Court, is dismissed. Parties are, however, left to bear their own costs all along. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.