' IRSHAD HASSAN KHAN, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 seeks leave to appeal against the order, dated 8-11-1995 passed by the Lahore High Court, Multan Bench in Civil Revision No,281-D of 1995.
2. The petitioner/plaintiff instituted a suit for possession through pre-emption in respect of the suit land against the respondents. In view of the pleadings of the parties and the evidence led by them, the trial Court by its judgment and decree, dated 2-11-1993 held that the plaintiff had superior right being co-sharer and joint Khatadar of the suit land but dismissed the suit on the ground that he had not fulfilled the requirements of Talabs. The petitioner's appeal against the judgment and decree of the trial Court also failed. The revision petition met the same fate in the High Court.
3. The learned Judge in Chamber on examination of the evidence produced by the petitioner recorded a finding that no reference was made to Talab-eMawathibat while making Talab-e- Ishhad and that of omission thereof was fatal to the claim of the petitioner.
4. Learned counsel for the petitioner drew our attention to the averments made in paragraph 6 of the plaint and notice Exh.P-1 to contend that the petitioner had performed all the legal requirements of law as Talabs as contemplated by the Punjab Pre-emption Act, 1991. It is further contended that notice Exh. P-1 expressly mentions the name of all the respondents and it was duly served on them. Thus, the impugned order is based on misreading of evidence. Leave is granted to consider the aforesaid questions.