KHALIL-UR-REHMAN KHAN, J.-This civil revision is directed against the judgment and decree dated 6.2.1988 passed by learned Additional District Judge, Jhang and judgment and decree dated 28.7.1987 of the learned trial Court.
2. The suit for possession through pre-emption was filed by the respondents claiming superior right of pre-emption being legal heirs of the vendors, Khewat Dar and co-sharers in the suit property.
The learned trial Court under issue No.5 held that the plaintiffs being collaterals of the vendors, were possessed of superior right of pre-emption against the vendees/defendants and resultantly the suit was decreed by the learned trial Court vide judgment and decree dated 28.7.1987. This judgment was affirmed in appeal.
3. None has entered appearance despite service on behalf of respondents/pre-emptor. They were, therefore, ordered to be proceeded ex- parte.
4. Learned counsel for the petitioners, in suppot of the petition submitted that no decree of pre- emption could be granted on the grounds urged on 28.7.1987 in view of the law laid down in the case of Government of N.W.F.P. v. Malik Said Kamal Shah (PLD 1986 S.C.360). It was added that even if it is assumed that the respondent/pre-emptor were co-sharers though it was not established on record,, till the suit could not be decreed as in the plaint no mention was made regarding making of 'talabs' in the mode prescribed by the Islamic Jurisprudence. Reliance is placed on Barkat Ali v.
Khan Muhammad and others (1988 SCM R 1800(1), Sardar Ali and others v. Muhammad Ali and others (PLD 1988 S.C.287) and Ghulam Oadir v. Nawab Din (PLD 1988 S.C. 701).
5. In view of the law laid down by the Supreme Court in the a forenoted judgments, the judgments and decrees of both the learned Courts below cannot be maintained as no decree of pre-emption can be granted after 31st of July, 1986. The judgments and decrees of both the learned Courts below are, therefore, set aside with the result that the suit of the respondents/plaintiffs shall stand dismissed. The revision petition is accepted. The parties are left to bear their own cost.