SYED JAMSHED ALI, J. - Land measuring 8 kanals, 6 marlas was owned by Mst. Barkat Bibi and Mst.
Fatima Bibi. Vide registered sale-deed dated 17.1.1979, they sold it in favour of Muhammad Rafique respondent No. 1 for a consideration of Rs.5,000/-. The to petitioners, claiming to be the sons of the vendors, pre-empted this sale. The suit was contested on which necessary issues were framed and the suit was tried.
2. The suit was decreed on 27.11.1982 with the finding that the petitioners had superior right. All other issues were also found in favour of the petitioners.
3. The vendee-respondent took an appeal before the learned District Court, on which the findings on all the issues were affirmed except on issue No. 5, under which, the learned Appellate Court found that the vendee, respondent No. 1 was a tenant on the land in dispute and, therefore, could defend the sale in his favour. On reaching this finding, copies of Khasra Girdawaries Ex.D-4 to Ex.D-8 were relied.
4. No body was present on behalf of the parties on 29.5.1998 while for today's hearing registered P.C. Were issued to the respondents on 20.6.1998 but no body appeared on their behalf. They are, therefore, proceeded ex parte.
5. The learned counsel for the petitioner has contended that Ex.D-4 to Ex.D-8 have been mis-read by the learned first Appellate Court and its judgment and decree stand vitiated.
6. There is merit in the contention of the learned counsel for the petitioners. Ex.D-4, Khasra Girdawari relates to only to Khasra numbers and is from Kharif 1977 to Rabi 1980. Against one khasra number, Muhammad Rafique, respondent No. 1 has been recorded as a co-sharer while against the other he has been recorded as vendee from Muhammad Ali a co-owner in the khata.
Ex.D-5 relates to Kharif 1973 to Kharif 1976 and relates to to khasra numbers. Again, against one khasra number, respondent No. 1 has been recorded as a co-sharer and against the other he is recorded as vendee. Ex.D-6 is Khasra Girdawari from Kharif 1969 to Rabi 1973. It also relates to to khasra numbers and respondent No. 1 is recorded s a vendee in cultivating possession of one number while against the other, he has been recorded as a co-sharer. Ex.D-7 is Khasra Girdawari from Kharif 1977 to Kharif 1979 relating to three Khasra Numbers. Respondent No. 1 has been recorded as co-sharer against one khasra number and a vendee against the other khasra number. However, against the third khasra (947-Min) measuring 2 kanals, 5 marlas, the following entry exists.
[(URDU TEXT)] VA vJ^AxXjJ" and in the column of ownership Abdul Rehman etc. Of Khata No. 170 have been recorded. Even this entry does not improve the case of the vendee-respondent for the reasons that the land in dispute was sold from Khata No. 329, 107/1789 share (5 kanals, 7 marlas), 1/12 share from Khata No. 330 (15 marlas) and 1/4 share from Khata No. 342 (2 kanals, 4 marlas) total measuring 8 kanals, 6 marlas, which was subject-matter of the suit for pre-emption. Ex.D-8 relates to Kharif 1965 to Rabi 1969. This relates only to one khasra number of Khata No. 321 in which Muhammad Rafique respondent No. 1 has been recorded as:- [(URDU TEXT)] This entry also does not establish that the vendee-respondent was a tenant on any part of the suit land.
7. Even otherwise Khasra Girdawaries Ex.D-5 (1973-76), Ex.D-6 (1969- 73) and Ex.D-8 (1965-69) were not relevant because the sale took place on 17.1.1979.
8. In view of the above, this revision petition is allowed. The judgment and decree of the learned first Appellate Court is set aside and the judgment and decree of the learned Trial Court decreeing the suit of the petitioners is restored. Since no body appeared to oppose this petition, no order is passed as to costs.