MAULVI ANWARUL HAQ, J.--- On 22.3.1962 the petitioner filed a suit against Muhammad Aslam, the deceased predecessor-in-interest of the respondents-(hereinafter to be referred to as the respondent). The plaint was titled as suit for possession of land measuring 16 kanals, 17 marlas described therein, by pre-emption. In para-1 of the plaint it was stated that the said land described in the plaint was owned by Muhammad Ayub who sold it in favour of Khan Bahadar for a consideration of Rs. 4,000/- vide mutation attested on 26.3.1961. (In para-2 it was stated that Khan Bahadar. In recognition of the right of pre-emption of the petitioner transferred the land purchased by him but the respondent refused. Superior right of pre-emption was claimed on the ground that Muhammad Ayub vendor was a collateral of the petitioner. In para-5 it was stated that cause of action accrued on 26.3.1961 when mutation No. 2227 was attested. The respondent filed a written statement. He stated that out of land measuring 30 kanals two marlas, 1/4 share measuring 7 kanals, 10 marlas was sold by Muhammad Ayub for Rs. 1,000/- in favour of the respondent vide mutation 2227 attested on26.3.1961 while 3/4 share was sold to khan Bahadar. Later he purchased 9 kanals of land for Rs. 4,000/- from Muhammad Ayub vide Mutation No. 2235 attested on 27.7.1961.
The description of both the lands was given in reply to para-1 of the plaint. The other allegations were denied. It was clarified in reply to para-5 that vide Mutation No. 2227 attested on 26.3.1961 only 7 kanals 10 marlas of land was purchased. Form the records available on this file it appears that a compromise was effected in this case and the suit was decreed. Later this decree was challenged and after a long drawn legal battle, the decree was set aside and the case was remanded back by this Court to , the learned Trial Court. Issues were framed. Evidence of the parties was recorded. The learned Trial Court decreed the suit to the extent of 7 kanals, 10 marlas of land purchased vide mutation NO. 2227 attested on 26.3.1961 on payment of Rs. 1,000/- vide judgment and decree dated 8.7.1996. A first appeal filed 'by the petitioner was dismissed by the learned District Judge, Attock, on 12.5.1998.
2. Learned counsel for the petitioner contends that the learned Courts below have mis-read the evidence on record while holding that the suit pertained only to 7 kanals, 10 marlas of land and not the entire land measuring 16 kanals 17 marlas mentioned in the plaint. Learned counsel for the respondent, on the other hand, contends that the record has been properly read by the learned Courts below while pasing the impugned judgments and decrees.
3. I have examined the copies of the records, with the assistance of the learned counsel for the parties. I have already reproduced in some details the contents of the plaint. Now it is true that in the heading the area is mentioned as 16 kanals, 17 marlas. Now the copy of mutation No. 2227 attested on 26.3.1961 is Ex.P.
4. According to this document, Muhammad Ayub son of Feroze Din vendor sold total land measuring 30 kanals, 2 marlas to Khan Bahadar son of Sardar Khan (3/4)/Muhammad Aslam Khan respondent (1/4). Now it is the common case of the parties that the said Khan Bahadar transferred his 3/4 share in favour of the petitioner. Now reading paras-1 and 2 of the plaint in the said admitted background there is no manner of doubt that paras-1 and 2 referred to the sale that was effected by means of mutation Ex.P.
4. A reading of the said para-5, reproduced by me above, of the plaint makes the matter further clear as the petitioner has categorically stated that the cause of action for the said suit has accrued to him pursuant to attestation of said Mutation No. 2227 i.e. Ex.P.
4. Admittedly, through this mutation the respondent only acquired 7 kanals, 10 marlas of land. I may here further refer to para-4 wherein the petitioner has stated that he had called upon the respondent to transfer the land to him on payment of Rs.
1,000/-. Now there is no allegation in the plaint that the amount of consideration has been inflated or is fictitious. This is the amount of consideration that was paid to Muhammad Ayub vendor for the said 7 kanals and 10 C.L.K. marlas of land. Having thus examined the plaint, I do not find any ground being made out for interference with the impugned judgments and decrees under section 115, CPC. The civil revision is dismissed without any orders as to costs.