' MAMOON KAZI, J.---The respondent purchased 1/2 share in agricultural land measuring 109 Kanals and 14 Marlas situated in Chak No.282/JB, Tehsil Gojra, District Toba Tek Singh through an oral sale for which Mutation No.244 was attested in his favour on 13-7-1988. The petitioner filed a suit for pre- emption against the respondent in the Court of Civil Judge, First Class, Gojra. The Trial Court rejected the plaint on the ground that there subsisted no pre-emptive right to the petitioner.
2. On 18-10-1990, the petitioner filed an application before the trial Court for the revival of the suit under section 35 of the Punjab Pre-emption Ordinance, 1991 and subsequently, the suit was restored vide order, dated 26-5-1991. The respondent once again filed an application under Order VII, R.11, C.P.C., and this time on the ground that, the suit had become time barred which was accepted and the plaint was rejected vide order, dated 12-7-1993.
3. The petitioner, however, filed appeal against the said order, before the District Judge, which was allowed and the suit was remanded for trial on merits.
4. The respondent then filed appeal in the High Court against the appellate order of the District Court which was accepted and the judgment and the decree of the trial Court was restored. It was held by the learned Judge in the High Court that the pre-emption suit filed by the petitioner after four months of the accrual of cause of action was not to be revived. Reliance was placed on the judgment of this Court in Rana Muhammad Bashir Ahmad Khan v. Government of Punjab Province (PLD 1994 SC 1).
5. Contention of the learned counsel for the petitioner, however, is that the said judgment was not applicable to the, case of the petitioner as prior to taking effect of the said judgment, the existing law in terms of Article 203-H of the Constitution would apply to the decision of the cases and the petitioner's suit for pre-emption having been filed during the interregnum would be governed by the period of one year. Reference in this regard has also been made to section 35(2) of the Punjab Pre-emption Act, 1991.
6. As the question raised requires consideration, leave is granted.