' SAAD SAOOD JAN, J.--These are two petitions for special leave to appeal by pre-emptors whose constitution petitions against the dismissal of their suits have been dismissed. Admittedly, no decree has so far been passed in their favour. In view of the judgments of this Court in Sardar All v.
Muhammad Ali (PLD 1988 SC 287) and Sher Muhammad v. Allah Ditta and 2 others (PLD 1988 SC 412), no decree can now be passed in their favour.
2. Learned counsel for the petitioners referred to the new Pre-emption Act passed by the Provincial Assembly, that is, Act X of 1987, to give effect to the decision of the Shariat Appellate Bench of this Court in Government of N.-W.F.P. v. Malik Said Kamal Shah (PLD 1986 SC 360) and contended that section 35(2) had the effect of saving the pending suits where the demands had not been made strictly in accordance with the Muslim Law. It may be mentioned that this contention has already been examined by the Peshawar High Court in C. R. No,14 of 1988 (PLD 1989 Pesh. 174) and rejected.
We see no reason to take a different view in the matter. The petitions are dismissed.