Law:

Section:

SAAD SAOOD JAN, J.---This is an appeal by special leave from the judgment dated 8-11-1987 of the Lahore High Court whereby the revision petition of the appellant was dismissed. It arises in the following circumstances.

2.  By a registered deed dated 1-9-1980 one Rehmat Khan sold 9 Kanals and 8 Marlas of agricultural land situate in village Bhukran of Tehsil Daska to the respondent. In the sale-deed the price of the land was mentioned as Rs.1,28,250. On 30-6-1981 the appellant filed a suit for pre-emption claiming that as collateral of Rehmat Khan he had a preferential right to acquire the land. He alleged that the price actually fixed and paid by the respondent to Rehmat Khan was Rs.20,000 and that a higher amount had been shown in the sale-deed to discourage exercise of the right of pre-emption. By its judgment dated 29-1-1983 the trial Court decreed the suit holding that the price mentioned in the sale-deed was fixed in good faith and actually paid by the respondent. Accordingly, it called upon the appellant to deposit Rs.1,28,250 in the Court till 7 -3-1987 failing which his suit would stand dismissed.