AZIZ Versus YOUSAF

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 on 22‑7‑1987. The decree was affirmed by the Additional District Judge and the High Court declined to interfere with it in revisional jurisdiction. The vendees seek leave to appeal from this Court.

2. Even though the parties are Christians of Roman Catholic denomination, it is contended on behalf of the vendees that in the light of the judgment delivered by the Shariat Appellate Bench in Government of N. ‑W.F.P. v. Said Kamal Shah P L D 1986 S C 360, no decree could be passed in favour of the pre‑emptor after 31‑7‑1986 unless the requirements of 'Talab' and 'Taqaza' were fulfilled. It was not so in the present case and as such the decree passed in favour of the pre‑emptor.

3. 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. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months. The direction with regard to maintenance of status quo to continue.

M.B.A/A‑335/S Leave granted