Law:

Section:

MUHAMMAD AFZAL ZULLAH, CJ. ---This direct appeal by the vendees' side in a pre-emption matter is directed against the judgment of the Peshawar High Court whereby the respondent/pre-emptor's Civil Revisions were allowed and his two suits for pre-emption were decreed.

The respondent had filed two suits for pre-emption against Saifur Rehman and Badshah Gul appellants who had purchased 107 Kanals 17 Marlas of suit land through Mutation No. 317 attested on 9-7-1978 (subject-matter of Suit No. 10/1 of 1979). The second Suit (No. 178/1 of 1979) related to the sale of 9 marlas to the appellants through Mutation No. 361 attested on 27-1-1979. The respondent's suits were dismissed. His appeals were also dismissed. The High Court, however, allowed his Revisions by noticing the facts and grounds as under:--