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(a) N.-W. F. P. Pre-emption Act (XIV of 1950)---S. 31-Suit for pre-emption -Physical possession of vendee prior to attestation of mutation -Limitation runs from date of physical possessing Sale of undivided share in joint holding-Whether capable of physical possession or not depends on facts of each case.   Section 31 of the N.-W. F. P Pre-emption Act, 1950 prescribes two periods of limitation for a suit for pre-emption, year from the date of attestation of the mutation or, where property is capable of physical possession, one year from the date of physical possession whichever is earlier. Where evidence of physical possession of the vendee prior to the attestation of the mutation is clearly established limitation would run from the date of the physical possession. A sweeping proposition that where the property sold is an undivided share in a joint holding, the share sold is not capable of physical possession and as such limitation runs from the date of the attestation of mutation, cannot be accepted. A co-sharer's share in on undivided holding is capable of sale and can be capable of physical possession by the vendee. If there are two co-sharers in an undivided holding and each is in cultivation of his own share and if one of them transfers his share to another person and puts his vendee into physical possession, the other co-sharer has a clear notice of the change of possession. The physical possession of the vendee in that case serves as a notice to the other co-sharer. It puts him on inquiry into the new-comer's right of entry into possession in the place of the original owner and, if, as a result of the inquiry, he learns that the new comer has entered into possession in the capacity of a vendee, that gives him a clear notice of the sale in his favour and he can on that information institute a suit for pre-emption.   A I R 1923 Lah. 74 distinguished.   (b) Civil Procedure Code (V of 1908)----S. 115-Revision Concurrent finding of fact hr lower Court's-Cannot be disturbed in revision.   Date of hearing : 24th March 1961.   JUDGMENT   This is, a revision petition against the appellate order of the District Judge,…