1. Suit for possession through pre-emption filed by the petitioners was decreed by the learned trial Court on 15-10-1986 to the extent of 21 Kanals 9 Marlas out of the suit land holding that the petitioners were co-sharers and as such were possessed of superior right of pre-emption. On appeal of the vendee this decree was set aside by the learned appellate Court as it was of the view that the plaintiffs had waived their right of pre-emption. This led to the filing of this revision petition.
2. 2.Learned counsel has challenged the finding of the learned appellate Court on the issue pertaining to waiver. Even otherwise the petitioners-plaintiffs cannot succeed in their suit despite the finding A that they were co-sharers in Khata No. 2 for the reason that the two prerequisites for the exercise of right of pre-emption viz. 'Talab' and 'Notice' had not been asserted in the plaint. This revision., therefore, fails and is dismissed in limine.