1. MUHAMMAD AFZAL ZULLAH, CJ.--This appeal through leave of the Court is directed; against the dismissal by the High Court of petitioners/defendants' Civil Revision. 1t had arisen out of a civil suit for pre---emption filed by the respondent/pre-emptor which has been decreed throughout.
2. The question which remains to be resolved is that while the decree for pre-emption has been passed in favour of the plaintiff/respondent on payment of Rs.4,212 as Zar-e-Shufa, the appellant/vendee claimed that the amount should have been determined at Rs.45,000. Leave to appeal was granted to examine the argument that the sale was effected through a registered deed wherein the "consideration was mentioned as Rs.45,000". Not only this but also the entire amount was paid before the Sub-Registrar at the time of the registration of the deed.
3. The question noted in the leave granting order can be resolved by a balance treatment of material relied upon from both sides.
4. According to learned counsel for the appellants it is not only the actual payment before the Registrar of Rs.45,000 but also the fact that land involved is more than 50 kanals in District Mianwali and at a place where even at the relevant time the price per Kanal would not be less than Rs.1,000.
5. As against this the material relied upon from the respondent's side is only an assertion that the amount paid before the Registrar was returned. There should have been very strong evidence in order to support the version of return against the afore-stated strong circumstantial evidence in favour of the appellants. After some discussion learned counsel for the respondent could not take the care any further. Accordingly, this appeal is allowed and the decretal amount (Zar-i-Shufa) is increased to Rs.45,000. After allowing adjustments of already deposit or paid amount, if any, the plaintiff is allowed three months time from today to pay/deposit the balance amount in