Law:

Section:

By mutation No.273 attested on 19-2-1978, Ghulam Muhammad, vendor defendant No.2, sold 10 kanals and 10 marlas of land fully described in the title of the plaint and situated in village Aara, Teshil and District D.I.Khan for a sum of Rs.10,500 in favour of Azizullah Khan, defendant-vendee No.l. Before the institution of the present suit, Mutation No.343 was entered and attested on 8-1 1979 at the instance of AzizullahKhan, defendant-vendee, agreeing to the transfer of 10 kanals of land to Ghulam Muhammad, defendant No.2, in exchange of land measuring 10 kanals belonging to the latter. Mutation No.344 in favour of defendant No.l was entered with regard to the land which he got from Ghulam Muhammad in exchange for the suit land. Ghulam Sarwar pre-empted the sale and brought a suit on 14-2-1979 in the Court of Civil Judge, D.I.Khan.

 2. The defendants contested the suit. They denied the right of pre-emption of the plaintiff-pre-emptor and apart from taking some other objections, which are not material at this stage, they alleged that they had validly exchanged 10 kanals of the suit land inter se. Nine issues, including the issue of relief, were framed in the case, out of which issues No.l, 7 and 8, being the only material issues, are reproduced below:--

 (1) Whether the plaintiff has got a cause of action?