1. ' NASIM HASAN SHAH, J.--This judgment will dispose of the above mentioned two appeals, as the question of law involved in both of them is common.
(1) Civil Appeal No,528/1988 (Sultan v. Habib Ahmad etc.): ' This is an appeal by a vendee in a pre-emption matter against the dismissal of his civil revision by the High Court vide order dated 19-6-1988.
2. ' The learned High Court, in its impugned judgment held that since the pre-emption right of co- sharer has survived the scrutiny made in Said Kamal Shah's case reported as PLD 1986 SC 360 the suit of the respondent based on such a right could be decreed even after the target date i.e, 31-7- 1986. This view is no longer tenable in view of the latest judgment of the Shariat Appellate Bench dated 26-5-1990 (PLD 1990 SC 865) and in so far as the respondent-pre-emptor was not granted the decree for pre-emption at any stage by any Court before 31-7-1986. Accordingly, his suit could not be decreed thereafter. In our judgment of even date in the case of Mst. Aziz Begum etc. v.
3. Federation of Pakistan (Civil Petition No,1-R of 1988) [PLD 1990 SC 899] we have held that the aforementioned judgment must be given effect to in accordance with its tenor.
4. ' This appeal, accordingly, must succeed and is allowed. The order of the High Court is set aside and the suit filed by the respondent for pre-emption shall stand dismissed. No costs.
(2) Civil Appeal No,63/1989 (Ch.Barkat Ali v. Bagh Ali): ' In this case, the pre-emption suit was filed by a co-sharer. However, this suit based on his superior right on the ground of being co-sharer of the suit land was decreed by the trial Court for the first time on 13-12-1987. This could not have been done as explained in the recent judgment of the Shariat Appellate Bench on 26-5-1990 (PLD 1990 SC 865).
5. ' This appeal must succeed and is, accordingly, allowed. The decree in favour of the pre-emptor is set aside and the suit shall stand dismissed. No costs.
6. ' The upshot is that both these appeals are allowed, but the parties are left to bear their own costs.
7. ' SHAFIUR RAHMAN, J.--I agree but for different reasons which are given in my separate note.
8. ' (Sd.) Naimuddin, J. Abdul Qadeer Chaudhry, J. Ajmal Mian, J.