' The suit land measuring 24 Canals situated in Khata No,1 of village Ghajgal, was the subject of two pre-emption suits one filed by Qasim Ali, the predecessor-in-interest of Barkat Ali, etc: petitioner/plaintiffs Nos. 1 to 6 and Jan Muhammad, the predecessor-in-interest of petitioners/plaintiffs No, 7 to 17. Qasim All and Jan Muhammad claiming to have superior right being the owners in the Khata, filed the suits of pre-emption on the plea that the land had been purchased by Allah Din respondent/defendant for Rs, 2000 videmutation No,49 dated 9-4-1969 but given it the colour of an exchange. It was clearly pleaded that the land obtained by Ismail in exchange vide parallel mutation No,396 in village Samial on the very day was sold for Rs,2000 to the brothers of Allah Din vide mutation No,397 dated 9-4-1969. The pleas were controverted and the following amongst other issues were settled:
1. Is the disputed transaction in fact sale? OPP and OP.
6. Is the suit land not pre-emptible? OPD.1.
2. The learned Civil Judge Shakargarh vide judgment dated 26-5-1976 found all the issues in favour of the pre-emptors and decreed the suits on payment of Rs,6,000 as the sale price. The decrees were called in question and the learned Addl. Distt. Judge Sialkot vide judgment dated 26-5-1981 accepted the appeals and dismissed the suits by reversing the findings on the above two issues.
3. In the present revision finding on issue No,1 alone is challenged.
4. Vide mutations Nos.49 and 396 respectively of village Ghajgal and Samial, Allah Din obtained the suit land measuring 24 Kanals in the former and gave in exchange about 7-1/2 Kanals in the latter to Ismail. The case of the pre-emptors in the plaints is that on the very day of these exchange mutations, the land obtained by Isma il in village Samial was sold for Rs,2000 to the four brothers of Allah Din vide mutation No397 (EL P-1/2). There is no allegation in the plaint that the land of village Samial purchased by the brothers of Allah Din was not actually sold and was the return (of the leand) to Allah Din himself. We also cannot lose sight of fact that four brothers of Allah Din have not been impleaded and the land standing in their names, their rights therein cannot be commented upon adversely in the suit of the present parties. Even in the oral evidence Muhammad Sharif, the son of Qasim Ali, and Muhammad Latif, the son of Jan Muhammad pre-emptors did not say a single word that the land sold by Ismail in village Samial to the brothers of Allah Din Vendor/defendant was actually a sham transaction i.e. There was no sale and the land had been actually returned to Allah Din. This would, in any case, involve collusion between Allah Din and four brothers and the brothers being not before the Court, their rights cannot be jeopardised. Allah Din (PW 2) himself appeared in the witness-box and stated that he had exchanged the land with Ismail and exchange mutation sanctioned. He was not cross-examined that the land he had given to Ismail in village Samial was taken back by him though mutated as sale in the name of his brothers.
For all these reasons, the finding recorded on issue No,1 by the learned Addl. Distt. Judge is not open to interference in revision.
5. Resultantly the revision petition fails and is hereby dismissed.