1. ' NASIM HASAN SHAH, J.--The relevant facts are that a plot measuring 5 marlas situate in the revenue estate of Kala Khanmbra, Tehsil and District Sialkot was purchased by the appellant vide registered sale-deed dated 16-5-1970. The respondent claiming himself to be an owner in the estate filed a suit to preempt the aforementioned sale, which suit was dismissed by the learned trial Court vide judgment and decree dated 8-1-1975. Aggrieved by the said judgment and decree the respondent filed an appeal in the District Court of Sialkot which was also dismissed by the learned District Judge, Sialkot vide judgment and decree dated 10-6-1978.
2. ' Aggrieved by the aforesaid judgment and decree passed by the two learned Courts below, the respondent filed Civil Revision No,1156 of 1967 in the Lahore High Court, Lahore, which has been accepted by a learned Single Judge vide judgment dated 16-2-1988 and the respondent's suit was decreed in his favour on the deposit of Rs,1,100 upto 10th March, 1988. Hence this appeal, by leave of this Court.
3. ' The learned counsel for the appellant, in support of this appeal, submits that the qualification of being owner in the estate is a qualification not recognised by the injunctions of Islam and in view of the law laid down by this Court in Government of N.-W.F.P. Through Secretary Law Department v.
4. Malik Said Kamal Shah (PLD 1986 SC 360) the said qualification has ceased to remain on the statute book after 31st July, 1986. Consequently, the pre-emption suit which was dismissed by the two learned Courts below could not have been decreed for the first time by the learned High Court on 16-2-1988, on which date the qualification on the basis whereof the decree has been passed was no longer a part of the statute.
5. ' Sh. Zamir Hussain, learned counsel for the respondent, has no answer to this contention.
6. ' The result is that this appeal is allowed; the decree of the High Court dated 16-2-1988 is hereby set aside, with the result that the suit that was filed by the plaintiff (respondent herein) shall stand dismissed.
7. ' No costs.