1. ' USMAN ALI SHAH, J.--This petition for leave to appeal has arisen from the judgment and order dated 13-9-1988, passed in R.SA. No,38 of 1966 of the petitioners against the order of the Additional District Judge, Gujrat dated 11-11-1965, confirming the order of Civil Judge 2nd Class Gujrat, dated 15-12-1962, decreeing the suit of the respondents, vide impugned judgment.
2. ' Ahmad Din deceased predecessor-in-interest of the present respondents had brought a suit for possession of 36 Kanals 10 Marlas of land situated in the area of village Rahian, Tehsil Kharian on the plea that they were the owners of the suit land and Muhammad Sharif etc., the present petitioners were their tenants-at-will. The suit of the plaintiff was decreed by the Civil Judge II Gujrat, vide judgment dated 15-12-1962. The appeal of the petitioners before the Additional District Judge was also dismissed. Their regular second appeal before the High Court was dismissed as abated due to the deaths of Jalal Din appellant, Wahab Din, Ahmad Din and Shahab Din respondents. The present petitioners have come up to this Court for seeking leave to appeal.
3. ' The contention raised by the learned counsel for the petitioners is that admittedly Jalal Din petitioner died on 22-6-1972, Ahmad Din respondent died on 12-5-1972, Wahab Din respondent died on 10-12-1972 and Shahab din respondent died on 9-10-1983 and as these deaths have taken place after the enforcement of the Law Reforms Ordinance XII of 1972 on 14-4-1972, therefore, the question of abatement does not arise. The learned counsel also placed reliance on PLD 1986 SC 169.
4. The contention raised on behalf of the petitioners needs consideration by this Court, therefore, we grant leave to appeal. Security for costs in the sum of Rs,5,000. The appeal may be ready for hearing on the present record with permission to parties to file additional documents, if any. The appeal should be listed for hearing at an early date.
5. ' Leave to .