KHALIL-UR-REHMAN Versus MUHAMMAD YOUNIS

MUHAMMAD AFZAL LONE, J.‑‑‑ This is an appeal by leave to appeal by a pre‑emptor, whose plaint was rejected on account of non compliance with the order under section 22(4) of the Punjab Pre‑emption Act, 1913, his appeal failed and the revision before the High Court also met the same fate. The judgment, dated 19‑11‑1989, rejecting the revision, is under challenge before us.

2. The reasons which prevailed with the High Court in refusing to interfere with the orders of the Courts below need not be evaluated, for, according to the learned counsel for the plaintiff‑appellant, his superior right of pre‑emption is wholly founded on the ground that he is co‑sharer in the Khata. Admittedly, no decree in favour of the appellant has so far been passed by any of the Courts below. It being so the suit is hit by the rule laid down by this Court in Government of N.‑W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360, Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Muhammad Shoaib and others v. Member (Revenue) and others PLD 1988 SC 355. Consequently, this appeal is dismissed, leaving the parties to bear their own costs.

AA./K‑174/S Appeal dismissed.