MUHAMMAD ILYAS J. This regular second appeal has arisen out of a suit brought by the respondent, Qasim Ali, against the appellants, Sultan Ahmad and others, for possession of certain land through pre-emption. It was alleged by the respondent that he was a collateral of Sher Muhammad, who had sold the said land in favour of the appellants, besides being a cosharer of the said land. None of these pleas found favour with the Civil Judge who heard the suit. It was, therefore, dismissed by him. On this, the respondent went in appeal before an Additional District Judge, who reversed the finding of the learned trial Court in regard to the plea of relationship raised by the respondent. In other words, it was held by the learned Additional District Judge that the respondent was a collateral of the vendor and had superior right of pre-emption. Accordingly, the suit was decreed by the learned appellate Court on 11th October 1987. Feeling aggrieved by the judgment and decree of the learned Additional District Judge, the appellants have come up in second appeal to this Court.
2. The qualification on the basis whereof the respondent's suit had been decreed is no longer recognized by law. It has been so held by the Shariat Appellate Bench of the Supreme Court in Government of N.W.F.P. Through Secretary. Law Department v. Malik Said Kamal Shah (P.L.D. 1986 Supreme Court 360) (Shariat Appellate Bench). The decree was passed in favour of the respondent not before 31st July 1986 but thereafter. The qualification of being collateral is, therefore, of no use to the respondent. In this view of the matter, judgment and decree passed by the learned appellate Courtare not sustainable.
3. Accordingly, this appeal is accepted, judgment and decree under challenge are set aside and the suit brought by the respondent dismissed with no order as to costs.