MUHAMMAD AKBAR And Others Versus SHER MUHAMMAD And Other

First Appeal from Order No. 208 of 1979, decided on 15th June, 1994.

Result: Order accordingly.

The facts necessary for the disposal of this appeal are that a suit for pre-emption on the grounds of tenancy and relationship was filed by the respondents-plaintiffs. This suit was, however, dismissed on the ground of limitation vide judgment and decree dated 15-1-1979. Respondents- plaintiffs filed an appeal against the aforesaid decree of dismissal. This appeal was accepted vide judgment dated 29-4-1979 by the learned District Judge arid the suit was remanded for trial on merits on all issues. This led to filing of the present appeal.

2. The suit as filed cannot admittedly now be decreed in view of the pronouncements of the superior Courts. There will be, thus, no use to try the suit on merits. The appeal, therefore, succeeds.

The order of remand dated 29-4-1979 is set aside and the suit of respondents-plaintiffs shall remain dismissed. The parties are, however, left to bear their own cost.