Law:

Section:

This is a plaintiff's second appeal in the pre-emption suit. Suit was decreed on 28-6-1968 subject to payment of Rs.14,764.98. On appeal, this decision was reversed on 12-2-1970 by Additional District Judge and the pre-emption suit was dismissed.   55 kanals, 16 marlas of land, Khasra 992 situate at Mauza Rissar, Tehsil Attock belonged to Ghulam Sarwar etc. By mutation 1068 attested on 24-4-1966, this piece of land was sold by them to Karam Elahi at the sale price of Rs.20,000. Ch. Allah Bakhsh as plaintiff claimed pre-emption in respect of this sale and sued for enforcement of his rights by filing a suit against the vendee on 24-4-1967 in the Court of Administrative Civil Judge, Campbellpur. It was alleged that as a collateral, plaintiff had a better right. Price paid for the land was also disputed and it was averred that land was sold for Rs.5,580 only and payment of inflated price was shown in the mutation to stave off the plaintiff's right of pre-emption. On being served, Karam Elahi defendant appeared in Court and submitted his defence. It was pleaded that the land in suit was exchanged with Ch. Muzaffar Khan and others in recognition of their superior right of pre-emption and that it was purchased by him at the sale price of Rs.20,000 which price was fixed in good faith and was actually paid to the erstwhile owners. On this defence, plaint was amended and Ch. Muzaffar Khan and three others to whom the land in suit was given in exchange were impleaded as defendants 2 to 5 in the suit. Substantial defence taken by defendants 2 to 5 was that the land in suit was received by them in exchange for their own land by mutation 1101 dated 15-5-1967. It was pleaded that the transfer in their favour was made in recognition of their superior right of pre-emption suit against them could not proceed. On 14-12-1967, as many as six issues covering different facets of the controversy were settled by the trial Judge. In support of the issues, both the parties produced oral evidence as also the copies of Revenue papers reference to which shall be made in the succeeding paragraphs. Oral evidence on the side of the plain tiff 'consists of the testimony of…