FAZAL KARIM Versus ALLAH DITTA

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ These leave to appeal petitions have been filed by pre‑emptors in separate cases.

2. Their learned counsel have stated that no decree was passed in favour of any of the petitioners at any stage before 31‑7‑1986. That being so, no decree can be passed in their favour now as held IA by this Court in the case of Sardar Ali and others v. Muhammad Ali and others (C.A. 208/80 and other matters, decided on 2‑5‑1988:) PLD 1988 S C 287).

3. Before parting, it needs to be noticed that the facts in C.P. 446/85 are slightly different from the facts of an ordinary pre‑emption suit in this case. The petitioners/ pre‑emptors had also felt aggrieved by the notification issued under Section 8 of the Punjab Pre‑emption Act, 1913. Be that as it may, if the suit of the petitioners was dismissed before 31‑7‑1986 and that suit was not decreed in higher forum at any stage before that date, it cannot be decreed now. And if the suit was never decreed before that date by any Court, in that case also it cannot be decreed now. Therefore, in this petition the aforesaid declaration of law would apply.

4. In the light of what has been stated above, these petitions are dismissed.

5. M.I. /F‑58/S Petitions dismissed.