1. MUHAMMAD AFZAL ZULLAH, C.J. Leave to appeal was granted in this matter to defendant/vendee (appellant) to examine the following question:-- "The petitioner seeking leave to appeal is a vendee tenant, who has been allowed protection from the pre-emption claim for 30 Kanals 19 Marlas of his tenanted land measuring 86 Kanals 19 Marlas.
2. The protection allowed is to only a portion of his tenanted land, proportionate to the share of the vendor in the joint holding measuring 174 Kanals 11 Marlas.
3. ' He claims protection for the entire share of the purchased land (60 Kanals 4 Marlas) which is less than his entire tenanted land (86 Kanals 19 Marlas) in the joint holding."
4. ' Learned counsel for the appellant has prayed that another very important point on which he has now the support of recent judgments of this Court needs to be examined and leave should, therefore, be granted in that behalf accordingly. As asserted by him the respondent/plaintiff had based his right of pre-emption on the plea of co-sharership on the basis of acquiring property in inheritance from his father who died after the sale but before the institution of the suit. Therefore, as argued by the learned counsel, the respondent/plaintiffs claim for pre-emption is based on inherited right of pre-emption which, as further argued by him, is not permissible in Islam. He has cited Azizur Rehman and others v. Muhammad Nawaz PLD 1988 SC 384, Muhammad Younas v.
5. Khushal 1989 SCMR 69 and Sardar Ali and others v. Muhammad Ali and others 1989 SCMR 1079.
6. The request is reasonable. We have entertained a review application by order dated 7th March, 1990 in Civil Review Petition No,1-Q of 1987, Malik Ghulam Nabi v. Member Board of Revenue for A full hearing of the same point by a larger Bench. We, accordingly, allow the request made by the learned counsel for the appellant and grant leave to appeal on the aforenoted point raised by him in addition to the point already noted in the order for grant of leave to appeal, dated 2-7-1985.
7. ' Notice of the addition of a point for leave to appeal shall now be issued to the respondent as well as his counsel. This appeal shall be heard with the said Review Application No,1-Q of 1987.