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Civil Appeal No. QIS of 1985, decided on 3rd May, 1986.

(On appeal from the judgment and order of the Baluchistan High Court, dated 12‑3‑1984 in Civil Petition 101 of 1982).

‑‑‑Art. 185‑‑Appeal before Supreme Court‑‑Remand order by consent‑ Parties agreeing to remand of case to High Court for decision on merits‑ Case remanded.

‑‑‑Para. 25 ‑‑Pre‑emption‑‑ Tenant pre‑empting under provisions of M.L.R. 115‑‑Respondents making statement before Supreme Court that 'Talab' was not made as it was not necessary in the case‑‑Appeal allowed and case remanded to High Court for decision on merits as well as on question whether 'Talab' was not necessary under provisions of M.L.R. 115.

Iftikhar Muhammad, Advocate‑on‑Record for Appellant.

Fakhruddin G. Ebrahim, Senior Advocate Supreme Court and Shabbir Ghaury, Advocate‑on‑Record for Respondent No. 1.

Respondents Nos. 2, 6 and 7' Ex parte.

Nemo for Respondents Nos. 3, 4 and 5.

Date of hearing: 3rd May, 1986.

The ,learned counsel for the parties have agreed to the remand of the case to High Court for decision on merits.

The learned counsel for the respondent had made statement that 'Talab' in the instant case was not made as it was not necessary for a tenant pre‑empting under the provision of M.L.R. 115.

In view of this the appeal is allowed and the case is remanded to the High Court for decision on merits as well as on the question whether 'Talab' is or is not necessary under the provisions of M.L.R.

M.I. Order accordingly.

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