' JAWWAD S. KHAWAJA, J.---The petitioner/defendant impugns the appellate judgment and decree, dated 29-11-1999 whereby the decree of the learned trial Court, dated 1-10-1998 was set aside and a suit filed by the respondent Farman Ali (now represented by his legal representatives) seeking posses'sion of the suit property through preemption was decreed.
2. The learned trial Court held that the respondent/plaintiff had failed to prove the requisite talabs.
The appellate Court has, however, A reversed this finding. For the reasons appearing below, I find the appellate decree to be based on a non-reading/misreading of material evidence.
3. The most important aspect of this case is that the three vendors, namely, Zaman Ali, Mst. Said Begum and Mst. Iqbal Begum, are the brother and sisters respectively of the respondent/plaintiff.
Muhammad Latif, P.W.4, examined by the respondent/plaintiff deposed that the respondent had been informed of the sale by his sister Mst. Iqbal Begum, who was one of the vendors. The said Mst.
Iqbal Begum was not produced as a witness and no valid explanation for this material omission has been given by the respondent/plaintiff. From the testimony of Farman Ali, respondent/plaintiff, who appeared as P.W.6, it is clear that Mst. Iqbal Begum was residing in the village. In the circumstances, the only inference to be drawn from her non-appearance in the witness box is that if she had appeared, she would not have supported the respondents' contention. Secondly, even the petitioner's own witness Muhammad Latif, P.W.4,.Had admitted that possession of the suit property had been given to the petitioner/vendee at the time of sale. As asecond thought P.W.4 changed his testimony and stated that_possession had been delivered subsequently.
4. The learned appellate Court did not take note of the above circumstances and also did not address the reasoning of the learned trial Court. In the circumstances, the appellate decree is not legally sustainable. It is, therefore, set aside. As a consequence the decree of the learned trial Court, dated 1-10-1998 stands restored.