Law:

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Superior Right of Pre-emption-- ----Talb-i-Muwathibat and Talb-i-Ishhad--Not properly made--Appreciation of evidence--Detail of sale was not mentioned at time of alleged talb-i-ishhad--Property in question was not found in possession of plaintiff--Not fatal to the case of plaintiff that sale of property in question by vendee was collusive and was intended to ward off the right of pre-emption--Being disguise, plaintiff was not required to pre-empt second sale. [P. 146] A Opinion-- ----Applicable--Demands were properly made--Such opinion could be formed on the basis of evidence available before the Court and has been formed--No chance for forming a different opinion on the basis of same evidence inspite of fact that more than one opinions can be formed on the basis of evidence and opinion formed by First Appellate Court is one of such opinions. [P. 147] B Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Civil revision--Attestation of mutation--Fees and taxes were paid--Entitlement--Execution of decree--Vendee defendant had, however paid fees and taxes on the entry and attestation of the mutation in his favour--He is entitled to Distt. Council Fee and mutation fee paid by him on official rates. [P. 147] C District Council Fee-- ----Mutation fee--Paid by pre-emptor--Vendee--Debtor at time of execution of decree--Civil revision which was dismissed but subject to observation regarding District Council Fee and mutation fee which would be paid by the pre-emptor to vendee-defendant/debtor at the time of execution of the decree. [P. 147] D Judgment Through Suit No. 114/1 of 2003 instituted on 4.12.2003, Mir Afzal pre-empted the property sold through Mutation No.2033 attested on 24.9.2003 to Rashid Khan vendee-defendant. It was alleged that the suit property was 20 kanals 15 marlas and 1 kanal 1 marla in Khasra Nos. 1068/1, 1901 and 670. The suit was contested. The evidence of the parties was recorded on the basis of issues, arguments were heard. The learned Civil Judge, Ghazi held that the market value of the suit property was Rs.3,00000/- and was correctly mentioned in the mutation. He further decided that the plaintiff had superior right of pre-emption, but the…

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