ALI KHAN Versus MEHBOOB AHMAD KHAN,

ORDER

SAAD SAOOD JAN, J.‑‑ This petition for special leave to appeal arises out of a pre‑emption suit which was decreed by the trial Court and its judgment and decree were affirmed by the Additional District Judge, Multan. In second appeal, the High Court declined to interfere with the decisions of the Courts below.

2. One Bunyad Ali purchased the land in dispute measuring 273 kanals and 4 marlas. He was stranger in the estate where the said land was situate. The petitioners who were owners in the estate, brought a suit for pre‑emption. Consequent upon some arrangement with Bunyad Ali the suit was withdrawn but a fortnight later Bunyad Ali sold the land in dispute to the petitioners and 8 others. Except for the petitioners, the other vendees were strangers in the estate. Habib Ahmad Khan, predecessor‑in‑interest of respondents Nos.l and 2, who was also an owner in the estate, brought a suit for pre‑emption in respect of the sale made in favour of the petitioners and others. The Courts below held that as the petitioners had joined strangers with them in the sale they were not in a position to resist the claim of Habib Ahmad Khan.

3. It is contended on behalf of the petitioners that in the sale‑deed executed by Bunyad Ali in their favour the fields transferred to each of the vendees were specifically mentioned and that being so it was not a case where the sale could be treated as indivisible; consequently, the suit could not have been decreed so far as their share in the sale was concerned.

4. The contention raised on behalf of the petitioners needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.5,000. Appeal may be made ready for hearing on the present record with direction to the parties to file additional documents, if any, within two months.

In the meanwhile status quo with regard to possession to be maintained.

M.Y.H./M‑263/S Leave granted.