This suit of the petitioners for possession of land through pre-emption on the ground that they were co-sharers in the Khata was dismissed by the learned trial Court through judgment and decree dated 8-10-1988 without trial on merits on the ground that no Talabs were made. This was assailed in appeal before the learned lower appellate Court which has also been dismissed through judgment and decree dated 1-12-1988 on the same ground.
2. It has been argued that the view taken by the two Courts below is contrary to the rule laid down by the Supreme Court in Ahmad and others v. Abdul Aziz etc. (PLD 1989 SC 771) according to which the suit by a co-sharer without making Talabs was maintainable and could be decreed even after 31-7-1986. The two Courts below in view of this law declared by the Supreme Court failed to exercise jurisdiction vested in them to decide the suit on merits. The impugned judgments and decrees of both the Courts below are not sustainable. This revision petition is accepted. The judgments and decrees of both the Courts below are set aside and the case is remanded to the learnedtrial Court for disposal of the suit on merits in accordance with law, There will be no order as to costs.