MIAN ALLAH NAWAZ, J.- All facts, material to this revisional application, are not in dispute. The sale of property in dispute was made on 4.12.1988. The suit for pre-emption was filed by the petitioner on 2.12.1989. The suit was dismissed by the learned first Court on 26.10.1992. The appeal preferred by the petitioner was dismissed on 19.4.1993. This is how this revisional application came to this Court.
2. The learned counsel for the respondent, at the outset, raised a preliminary objection to the maintainability of this revisional application by saying that Section 35(2) of Punjab Pre-emption Act was declared repugnant to injunctions of Islam by the Shariat Appellate Bench of Supreme Court in Muhammad Shabbir Ahmad Khan Vs. Government of Punjab Province (KLR 1993 ) on the basis of this, it was contended that suit filed by the applicant was barred by the and so merited to be dismissed. The learned counsel for the applicant had no answer to this objection.
3. The question as to whether Section 35(2) of the Punjab Pre-emption Act, 1991, was contrary to the injunction of Holy Qur'an and Sunnah came up for consideration before the Shariat Appellate Bench of the Supreme Court in Muhammad Shabbir Ahmad Khan's case, supra and it was held so in following words:- "1. The upshot of the above discussion is that the following provisions of the Punjab Pre-emption Act, 1991 are declared to be repugnant to the injunctions of Islam as laid down in the Holy Qur'an and Sunnah of the Holy Prophet (p.b.u.h):-
(1) Section 2(a) in so far as it excludes from the definition of immovable property all properties situated in urban areas or within Cantonment limits.
(ii) Section 6(2) as it makes the plaintiff in the case of pre-emption liable to prove that he is exercising the right of Shufah on the basis of Zaroorat to avoid Zarar.
(iii) Section 35(2) in so far as it exempts the suits of pre-emption instituted or pending between lst day of August, 1986 and 28th March, 1990 from the requirements of Talb-i-Muwathabat and because they have extended the period of limitation lor such suits to one year. The Appeal No.12 of 1991 filed by the Government of Punjab with regard to these three sections is dismissed.
(2) The following provisions of the Punjab Pre-emption Act, 1991 are not found repugnant to the Injunctions of Islam:
(i) Section 13(3).
(ii) Section 22.
(iii) Section 24.
4. Applying the rule laid in Muhammad Shabbir Ahmad Khan's case, supra, to the facts and circumstances of this case, it is quite clear that the suit filed by the applicant was filed after the prescribed period of four months and so was clearly barred-by the. Having so held, this revisional application has been rendered meritless, and is accordingly dismissed. There shall be no order as to costs.