Law:

Section:

The instant revision petition under section 115, C.P.C. has been directed against the judgment and decree, dated 5-4-1995 passed by the learned Additional District Judge, Chakwal, whereby the judgment and decree dated 19-6-1993 passed by the learned Civil Judge, Chakwal, dismissed the suit of the plaintiff-petitioner herein had been maintained.   The brief resume of the case is that Noor Khan plaintiff-petitioner herein had instituted a suit for possession through pre emption against the vendees-defendants/ respondents with regard to the agricultural land measuring 1 Kanal, 9 Marlas situated in Khasra No.106, Khata No.65/277, Mauza Kiran, Tehsil and District Chakwal. The plaintiff averred in the plaint that Habib Khan son of Sarwar Khan was the owner of the suit property and he vide a Mutation of sale No.884 attested on 26 - 7-1991 transferred the same in favour of the defendants-vendees for a consideration of Rs.24,000 and in order to defeat the superior right of pre-emption, he had mentioned the sale price as Rs.1,30,500. He alleged that the sale in dispute had come to his knowledge on 11-8-1991 and he then and there in presence of Muhammad Ashraf son of Shah Nawaz, Muhammad son of Allah Yar Khan and Ghulam Asghar son of Ali Akbar announced to pre-empt the sale of the suit property and then went to the defendants alongwith the witnesses and offered him the sale price and thereafter issued him a registered notice. The plaintiff had claimed his superior right of pre-emption being the co-sharer in the suit property qua the defendants.   The suit had been contested by the defendants who filed their written statement and from the factual controversy appearing on the pleadings of the parties, the trial Court settled the following issues:--   Whether ostensible sale price was fixed in good faith and was actually paid? OPD   If issue No. 1 is not proved then what is the market value of the suit-land? OPP   Whether the plaintiff has a superior right of pre-emption qua the defendants? OPP   Whether the plaintiff has made Talbs? OPP   Whether the defendants are entitled to recover incidental charges, if the suit of the plaintiff is…