Law:

Section:

Punjab Pre-emption Act (I of 1913)--- ----S.15---Civil Procedure Code (V of 1908), S. 115---Superior right of pre­ emption ---Revisional jurisdiction, exercise of---Appellate Court after considering documentary evidence on record, found both rival pre-emptors to be owners of estate and decreed suit of both sets of pre-emptors in ratio of their holdings in estate---Finding of Appellate Court was based on evidence on record and did not suffer from any material irregularity and illegality, and thus could not be interfered with in revisional jurisdiction of High Court when no material produced in evidence had been shown to have been misread or misconstrued by Appellate Court below. JUDGMENT This revision petition shall also dispose of Revision Petition No. 1773 of 1986 as both of them have been filed by rival pre-emptors against the same judgment and decree passed by the learned lower appellate Court. 2. The suit land was situated in Khata number 56 when it was sold through sale-deed dated 4-4-1977 which comprised Khatuni number 118 khasra numbers 135, 136, 137, 142 and 146 measuring 27 kanals 4 marlas situated in Mouza Kot Peru Shah, Tehsil and District Gujranwala. The petitioners in this revision petition as also Mst. Sakina Bibi, etc. petitioners in C.R. No. 1773 of 1986 both filed two separate suits to pre-empt the said sale. The case of the petitioner was that he was co-sharer in Khata from where the land was sold as also a collateral of the vendors. Mst. Sakina Bibi, etc. claimed superior right of pre-emption on the ground that they were owners of the estate. The learned trial Court through judgment and decree dated 15-9-1985 dismissed the suit of the petitioner and decreed that of Mst. Sakina Bibi, etc. The matter was brought before the learned lower appellate Court in appeal. The learned lower appellate Court after considering the documentary evidence recorded a finding that the petitioner was not owner of Khata but was proved to be owner of estate. Mst. Sakina Bibi, etc. were also found to be owners of the estate therefore the learned lower appellate Court through judgment and decree dated 15-3-1986 decreed the suit of both the sets of pre-emptors in the…

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