' SAAD SAOOD JAN, J.--The petitioner purchased the land in dispute through an oral sale which was evidenced by a mutation attested on 12-9-1971. The sale gave rise to two pre-emption suits; one was filed by the respondent and the other was brought by one Iqbal Ahmad Khan. The respondent's suit was instituted on 12-7-1972. It was decreed by the trial Court and its judgment was upheld in appeal by the District Judge, Muzaffargarh. The petitioner filed a revision petition in the High Court but without any success. He now seeks leave to appeal from this Court.
2. Admittedly the petitioner was a tenant in the land in dispute at the time of the sale. By the time the respondent instituted the suit, the tenants were given the first right of pre-emption by paragraph 25(3)(b) of Martial Law Regulation No,
115. In support of this petition it is contended that even though the petitioner had become an owner by the time M.L.R. 115 was promulgated, yet as the sale was in favour of a tenant the suit of the respondent for pre-emption was not maintainable.
This contention needs examination. Leave to appeal is granted. Security for costs in the sum of Rs, 5,000. The appeal may be made ready for hearing on the present record with direction to the parties to file additional necessary documents, if any.