' This is a petition under section 115 of Code of Civil Procedure arises out of a suit for possession through pre-emption filed by the petitioner which was dismissed by the learned trial Court on 7-2- 1996 on the ground that the petitioner has failed to establish that he made tale-i-muwathibat immediately on gaining knowledge of the sale.
2. Learned counsel for the petitioner has contended that the petitioner has fulfilled all requirements of section 13 of the Punjab Pre-emption Act, 1991 and the Courts below have erred in holding that the petitioner had prior knowledge of the sale but did not make tale at that time.
3. It is an admitted fact that sale took place on 14-9-1991 while tale-l-muwathibat is said to have been made on 31-12-1991. The Courts below have refused to believe that the petitioner did not pin immediate knowledge of the sale observing that the vendor was the real sister of the petitioner who used to live with him whenever she visited the village and further that they had good relations with each other and lastly that the petitioner and the vendor were both co-sharers. The question as to on what date the petitioner gained knowledge of the sale is one of the fact which has been concurrently found against the petitioner by the two Courts below own appraisal of evidence and for sound and cogent reasons. Learned Counsel is unable to explain as to how was it possible that though the vendor when she came to sell the property and was living with the petitioner-pre- emptor but he was not aware of the sale especially when he was in possession of the land as a co- sharer. No possible exception can be taken of the view formed by the Courts below.
' This petition is dismissed in limine.