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Punjab Pre-emption Act (IX of 1991)--S.5---Right of pre-emption ---Vendee had acquired an interest in the suit property prior to the sale as a lessee under Pattanama and not a tenant pursuant to any statutory provision---Both the Courts below were in error in misreading the documentary evidence and ignoring the relevant portion of the oral evidence while arriving at the conclusion that the vendee was in possession of the suit land as a tenant---High Court, in revision, was justified in reversing such findings of the Courts below on account of being suffering from misreading and non-reading of material evidence on record. Ch. Sardar Ali, Advocate Supreme Court with Muhammad Aslam Ch., Advocate-on-Record for Petitioners. Ch. Khurshid Ahmed, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Respondents. Date of hearing: 31st December, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---Leave to appeal is sought by the petitioners against judgment, dated 7-7-1999 passed by a learned Judge in Chambers of the Lahore High Court, Lahore whereby respondents' Civil Revision No.1841-D of 1984 was allowed and their suit decreed with the following observations: "14. The examination of the documentary and oral evidence adduced by the parties does show that Bhola vendee had acquired an interest in the suit property prior to the sale-deed, dated 4-11-1978, as a lessee under Pattanama Exh.D.2 and not as tenant pursuant to any statutory provision. In the circumstances the learned lower Appellate Court as indeed the Civil Court were in error in misreading the documentary evidence and ignoring the testimony of the defendant's own witnesses which went . against the stance adopted by the defendants in his written statement. 15. In view of the above discussion, it is evident that the learned lower Appellate Court misread the relevant documentary evidence and ignored relevant portions of the oral evidence while arriving at the conclusion that the vendee was in possession of the suit land as a tenant. I, therefore, hold that the lower Appellate Court acted in the exercise of its jurisdiction with material irregularity. As a result, this revision petition is accepted and the suit of…

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