' This Regular Second Appeal arises out of the fact that the plaintiff/ appellant filed a suit for pre- emption in the civil Court, Sheikhupura on the basis of his superior right in respect of 7 kanals 15 3/4 marlas of land. The defendant/respondent resisted the suit on the ground that suit land was evacuee property and such was not pre-emptible. A preliminary issue was framed.
' Is the transaction in dispute not pre-emptible ?
' The learned Civil Judge, Sheikhupura, vide his judgment dated 23-9-1965, dismissed the suit on the ground that the land was confirmed to the vendor under the Rehabilitation Settlement Scheme on quasi-permanent basis. The plaintiff/appellant filed an appeal before the Additional District Judge,' Lahore at Sheikhupura, who vide his judgment dated 20-11-1965 dismissed the appeal.
Against the judgments and decree or the Courts below the present Regular Second Appeal has been filed.
2. The learned counsel for the appellant has produced the authority cited as Haji Sultan Muhammad etc. v. Muhammad Siddiq (1) wherein it has been held that evacuee land if confirmed on quasi-permanent basis under the Rehabilitation Settlement Scheme is pre-emptible.
3. In view of this authority, I accept the appeal, set aside the judgment and decree of the learned trial Court dated 23-9-1965 and that of the learned District Judge, Lahore (at Sheikhupura) dated 20.11-1965 and remand the case to the Court below for deciding the case afresh framing issues on merits in accordance with law. Parties are left to bear their own costs.