1. USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners against the judgment of the Peshawar High Court, dated 16-4-1989, arising out of pre-emption suit brought by the respondents against the petitioners on the basis of superior right of participators in immunities and appendages and owners of contiguous property. The vendees/petitioners contested the suit. The learned trial Court decreed the suit of the plaintiffs on payment of Rs,70,000 vide order, dated 11-12- 1986. Both the parties filed separate appeals before the District Judge Kohat. The pre-emptor challenged the market value and the vendees challenged the exemption from pre-emption contained under section 5(c) of the N.-W.F.P. Pre-emption Act, 1950, not afforded to them by the trial Court. The learned District Judge vide his judgment, dated 20-1-1987 confirmed the view taken by the learned trial Judge as regards exemption from pre-emption whereas the appeal of the pre- emptor with regard to the fixation of the market value was allowed. The revision petition of the vendees/petitioners before the Peshawar High Court was dismissed, vide impugned judgment.
2. We have heard the learned counsel for the petitioners and have gone through evidence on record.
3. The learned counsel contended that the suit against the petitioners was decided on 11-12-1986 when the plaintiffs/respondents were not entitled to a decree after 31-7-1986, the target date according to Shariat Appellate Court judgment of this Court. It is also urged that under subsection
(3) of section 35 of Act X of 1987 (enacted on 28-4-87) the case shall stand elapsed and no such pre-emptive right can he claimed.
4. ' After hearing the learned counsel for the petitioners we are of the opinion that the contention raised by the learned counsel involves point of law which needs consideration of this Court. Leave to appeal is granted. Security is Rs,5,000. Appeal is to be prepared on the present record and the parties arc allowed to file additional documents, if any.