Law:

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WAQAR AHMAD SETH, J:- This Civil Revision is directed against the and decree dated 27.2.2008 passed by learned Additional District Judge-I, Swabi whereby appeal of the respondent against the and decree dated 29.6.2007 passed by learned Civil Judge-VII, Swabi was accepted. 2. Brief facts of the case are that the petitioner/plaintiff brought a suit against respondent for possession through pre-emption in respect of property measuring 12 kanals 17 marlas out of 16 kanals 17 marlas situated at Sheikh Jana Tehsil District Swabi or whatever determined by the Court. It is averred in the plaint that the respondent without any information and notice to the petitioner, purchased the suit land through mutation No. 1310 attested on 23.12.2004 in lieu of Rs. 2,57,000/- but fancy amount has been entered in the mutation just to defeat the right of pre-emption of petitioner. It is further averred that the petitioner came to know about the suit transaction on 5.4.2005 at 4.00 pm through Jamal Said son of Said Khan in the presence of Haq Nawaz Khan son of Abdur Rehman in the premises of Hujra Bar Ahmad Khail Sheikh Jana and the petitioner there and then declared his intention to pre-empt the transaction, hence, fulfilled the requirements of talb-emuwathibat and thereafter, on 8.4.2005, notice talb-e-Ishhad was sent to the respondent to accept his right but in vain, hence, the instant suit. 3. The suit was contested by the respondent by filing written statement. Issues were framed and accordingly evidence of the parties was recorded. The learned trial Court, after hearing the learned counsel for the parties, decreed the suit in favour of petitioner vide and decree dated 29.6.2007. Feeling aggrieved, respondent filed appeal before the learned Appellate Court, which was accepted and suit of the petitioner/plaintiff was dismissed vide and decree dated 27.2.2008. Hence, the instant Revision Petition. 4. I have heard the learned counsel for the parties and have also gone through the record. 5. The learned appellate Court reversed the findings of learned trial Court on issue No.5 mainly on (i) that how the informer PW-6 came to know about the sale transaction, which took place on…

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