TAHIR MAHMOOD Versus ZAINAB KHATOON

ORDER

ALI HUSSAIN QAZILBASH, J. ‑‑This is a petition for leave to appeal against the order of a learned Single Judge of the Lahore High Court, dated 13‑6‑1988, whereby the revision petition filed by the petitioners was dismissed.

2. Pehar Khan filed a suit for possession of certain land through pre -emption in the Court of Civil Judge, Mianwali, but during the pendency of the suit he died and his legal representatives were brought on the record. The suit was decreed on 16‑11‑1985 in spite of the objection raised by the defendants that right of pre‑emption was not heritable. The appeal of the petitioners and their revision petition were also dismissed by the Additional District Judge, Mianwali, on 23‑4‑1986 and through the impugned order respectively, where the same objection was also raised.

3. The learned counsel for the petitioners vehemently submitted that in spite of objection raised by the petitioners that on the death of Pehar Khan his legal representatives did not inherit the right of pre‑emption, yet the Courts below decreed their suit. Reliance in this respect was placed on Azizur Rehman v. Muhammad Nawaz (P L D 1988 SC 384).

4. The point raised needs consideration. Leave is thus granted. Security Rs. 5,000. Stayto continue.

MA.K./T‑30/S Leave granted.