AIWAZ KHAN Versus ALLAH BAKHSH

ORDER

1. Heard. Relies on the judgment of this Court in Sardar Ali v. Muhammad Ali (P L D 1988 S C 287), and the order dated 24‑5‑1988 of this Court reported in the same issue of the P L D (June, 1988); in which, the case of Sardar Ali is reported, immediately after the report of said case ends. (See PLD 1988 S C 355) . It would not have been missed. It is observed therein that no decree can be passed now after the said date in favour of the pre‑emptors on any ground‑‑co‑ownership contiguity etc.". Despite that the learned Judge has chosen to take a view contrary to the Supreme Court view.

2. This petition is converted into an appeal and fixed for hearing as soon as possible, during the next session within vacations, at Lahore.

3. No security. Stay to continue meanwhile.

4. The appeal shall be prepared on the present record with direction to the parties to file all necessary documents. There will be no adjournment.

5. The general effect of the impugned judgment is also suspended meanwhile. Law reporters to be informed accordingly.

6. M.I./A-284/S Order accordingly