ZAHOOR AHMAD Versus SHAHBAZ KHAN

ORDER

1. MUHAMMAD AFZAL ZULLAH, J .‑‑Leave to appeal has been sought by a vendee in a pre‑emption suit against dismissal of his writ petition lay the high Court whereby he had sought the restoration of possession of the suit land, which had earlier been delivered to the respondents' side in execution of a pre‑emption decree passed before 31st of July, 1986.

2. Learned counsel urged' that the judgment of this Court in the case of Government of N.W.F.P. v. Malik Said Kanal (PLD 1980 SC: 3(x(1) gave no benefit to the petitioner notwithstanding the fact that he was one of those person who had originally initiated the proceedings in the Federal Shariat Court.

3. This aspect of the matter has been considered elaborately in the recent judgment of this Court in Sardar All v. Muhammad Ali and others (PLD 198h SC 287) whereunder the petitioner would not be entitled to any benefit; as the decree had not only been passed in favour of the respondent prior to 31‑7‑1986 but also it had become a past and closed transaction by delivery of possession in execution of the decree. The learned counsel stated that he had frankly told the petitioner at the time of moving the Federal Shariat Court that he himself would not be benefited but he would become instrumental in the process of Islamisation. That being so, the petitioner should have felt satisfied and there was no reason to file this petition. It has no force and leave to appeal accordingly is refused.

4. M.A.K./A‑367/8 Leave refused.