MUHAMMAD YAQOOB Versus BASHIR ALLMAD

This revision petition has arisen from suit for possession of land through pre‑emption. The respondents/plaintiffs claimed right of pre‑emption on the ground that they were owners of the estate. The suit was dismissed by the learned trial Court through judgment and decree by holding that the transaction in question was a gift and not a sale. This finding was set aside by the learned lower appellate Court on the appeal filed by the respondents/plaintiffs which was disposed of through judgment dated 27‑3‑1986 and the case remanded for trial on merits. This revision petition is directed against the said judgment and decree of the learned lower appellate Court.

2. Learned counsel for the petitioners only argued that since at no stage of the proceedings in the suit decree was passed in favour of the respondents/ plaintiffs as such no decree now can be passed, therefore, the impugned order of remand be set aside and judgment and decree of the learned trial Court for dismissal of suit be restored.

3. I am afraid no such contention can be entertained in these proceedings. After the remand the suit is pending before the learned trial Court. The petitioners may raise this argument before the learned trial Court which if raised shall be disposed of by the learned trial Court in accordance with law. This revision petition fails which is hereby dismissed with no order as to costs as no material irregularity and illegality is shown to have been committed by the learned lower appellate Court in exercise of its jurisdiction.

AA./M‑98/L Revision dismissed.