SAAD SAOOD JAN, J: --This petition for special leave to appeal arises out of a suit for pre-emption filed by the petitioner. It was dismissed by the trial Court but on appeal it was decreed in his favour by the Additional District Judge, Multan. In revision preferred by the respondent, the High Court set aside the judgment and decree of the first appellate. Court and restored the Judgment of the trial Court.
2. The claim of the petitioner to superior right was based on the assertion that he was a co-shier in the Khata of which the land in dispute formed a part. It is to be noticed that the Khata was exclusively owned by one Waheed Muhammad who sold specific Khasra numbers of the Khata to the petitioner. Subsequently he sold other specified numbers to Mst. Kaniz Fatima who in turn sold the same to the respondent. As the petitioner was a purchaser of specified field numbers from the sold owner of the Khata he could not be regarded as a co---sharer in the remaining Khasra numbers included in the Khata. The High Court and the trial Court were, therefore, right in holding that he was not a co-sharer in the property ultimately purchased by the respondent. There is no merit in this petition and it is hereby dismissed.