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Punjab Pre-emption Act (IX of 1991)-------S. 6---Pre-emption suit---Pre-emptor claimed that land in Killa No.16/1 of Square No.164 belonged to him, which was adjacent to Killa No.15 of suit-land---Suit dismissed by trial Court was decreed by Appellate Court---Validity---Suit-land was sold from Killas Nos.7, 8 and 15 of Square No.164---Register Haqdaran Zamin for relevant years, showed that pre-emptor was co-sharer in land comprising of Killas Nos.16/1 and 16/2 of Square No.164---Aks Masavi prepared on Square basis showed Killas Nos.7 and 8 in same line, and in line below was Killa No.15 and in the next line below there were three Killas bearing No.16---Evidence on record did not show as to which of Killa No.16 belonged to pre-emptor---Register Haqdaran Zamin showed that Killa No.16 stood divided into Killa No.16/2 (Ghair Mutnkan Abadi) and Killa No.16/1 (Null Chahi)---Exact location of Killa No.16/1 was not decipherable in Aks Masavi---Question of superior right of pre-emption could not be decided on basis of such record without examining original record and Patwari---High Court accepted revision petition and set aside impugned /decree with direction to Trial Court to decide such question after summoning original Revenue Record and Aks Masavi along with Patwari and allowing parties to question Patwari with reference to original record. Mian M. Arshad Latif for Petitioners. Javed Akhtar Wains for Respondent. Date of hearing: 25th April, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.---Vide Mutation No.3342 attested on 30-5-1992 the petitioner purchased the suit-land for a consideration of Rs.60,000. The respondent claiming to be a Shafi Sharik, Jar and Khalit filed a suit for possession by pre-emption on 30-9-1992. The performance of Talbs was pleaded. The petitioners filed a written statement denying the said allegations. Issues were framed. Evidence of the parties was recorded. Vide judgment and decree dated 25-7-1993 the suit was dismissed by the learned trial Court. I may note here that the learned trial Court held that the respondent has no superior right of pre-emption and further that he has also not performed the Talbs. A first appeal was heard by learned…

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