Law:

Section:

JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--This appeal by leave of this Court arises out of by a learned Single Judge of the Peshawar High Court, Circuit Bench Abbottabad, dated 4th April, 1984, whereby the civil revision filed by the appellants was dismissed.   2. The facts so far as relevant for the present appeal are that Gul Zaman, the second respondent herein, transferred by way of sale his 17/18 shares out of Khasra Nos.396,400,397,393 and 22/32 shares out of field Nos.403, 405 and 407 situated in the area Mang in N.-W.F.P. to Muhammad Afsar, the first appellant herein. On 3rd March, 1975, Noor Muhammad, the first respondent herein, filed a suit claiming superior right of pre-emption on the ground of contiguity and participation of the immunities in the said land. During the pendency of the suit according to Noor Muhammad appellant Muhammad Afsar transferred the property to Muhammad Sulemari, the second appellant, by means of a consent decree in civil Suit No.152/1. This suit was filed by Muhammad Suleman against Muhammad Afsar on 15th ;March, 1975 and was decreed with consent on 5th April, 1975. In view of the aforesaid alleged supervening facts, Noor Muhammad filed an amended plaint in which he questioned the validity of the decree passed in Suit No.152/1 which declared that Muhammad Suleman was the real beneficiary and the sale in question was in favour of Muhammad Afsar as the ostensible owner. The prayer for possession by way of pre-emption against Muhammad Afsar was maintained.   3. The suit was not contested by Gul Zaman but the appellants denied the claim of Noor Muhammad and resisted the suit. Appellant Muhammad Afsar in his written statement took up the position that Gul Zaman had sold khasra Nos.395 to 397 and 400 in their entirety and 23/32 shares out of khasra Nos.403, 405 and 407 in favour of appellant Muhammad Suleman but ostensibly mutation No.105 was got attested in his favour. According to him Gul Zaman sold his remaining shares out of the suit land in favour of appellant Muhammad Suleman under a separate mutation bearing No.106. He further pleaded that when Muhammad Suleman came to know the facts he filed a Suit No.152/1 in which a…

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