Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--K.P.K Preemption Act, 1987, S. 13--Sale mutation--Right of preemption--Revisional jurisdiction--It is well settled that a revisional Court can reverse an erroneous finding if it is found that same was not borne out of case evidence notwithstanding fact that such finding remained unchallenged in appeal or cross-objection--High Court while exercising its revisional jurisdiction in a case before it can make any order which circumstances of case may warrant to secure end of justice. K.P.K. Pre-emption Act, 1987 (X of 1987)-- ----S. 13--Civil Procedure Code, (V of 1908), S. 115 Civil revision--Sale mutation--Suit for preemption--Failure to perform requisite talabs--Production of informer was must--No reason or explanation for not producing informer before Court--Question of-Whether talb-i-muwathibat was performed--Determination--As pre-emptor didn't produce his informer in order to corroborate performance of his talb-i-muwathibat and no explanation of any sort for his non-production has been given by him, therefore, it is held that he has failed in proving his case of pre-emption in accordance with Section 13 of K.P.K. Pre-emption Act, 1987 and resultantly he cannot enforce his rights of pre-emption. THIS JUDGMENT DELIVERED BY: LAL JAN KHATTAK, JUSTICE This revision petition under Section 115, CPC is directed against the judgment and decree dated 06-03-2014 of the learned Additional District Judge/Izafi Zila Qazi, Matta Swat whereby the respondent's appeal, against the judgment and decree dated 30-09-2011 of the learned Civil Judge/Ilaqa Qazi-II Matta Swat, has been accepted. 2. Brief facts of the case are that the respondent filed a suit for exercising his right of pre-emption against the petitioner whereby landed property falling in Khasra No. 776, 777, 778 and 779 of Moza Bara Durushkhela of District Swat was purchased by the latter through sale Mutation No. 2372 attested on 10-04-2010. Petitioner contested the suit by filing his written statement wherein he refuted the respondent's claim. Parties adduced their evidence on the case issues whereafter the learned trial Court vide judgment and decree dated…

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