' Petitioner purchased suit-land measuring 8 Kanals, 14 Marlas through oral sale dated 26-3-1991.
Respondent, on 25-7-1991, filed a suit for pre-emption, claiming to be a co-sharer in the Khata. The suit after contest was decreed by the learned Trial Court on 14-3-1993. Appeal filed by the petitioner also failed on 15-7-1993.
2. Learned counsel for the petitioner contends that the respondent claims to be a co-sharer in the Khata on the basis of an oral sale dated 9-8-1989. He purchased about 5 Kanals, 16 Marlas of land in the said Khata through Mutation dated 10-9-1989 but this sale in favour of the respondent is void because the provisions of section 54 of the Transfer of Property Act are applicable in Bahawalpur and that no preemption action can be sustained on the basis of an oral sale. In this behalf, he placed reliance upon Muhammad Ashraf v. Haji Muhammad Hanif 2002 CLC 31.
3. I have heard the learned counsel for the parties. Admittedly, the respondent had purchased some land in the Khata in question through an oral sale on 10-9-1989, on the basis of which he claimed superior right of pre-emption. As has been held in the aforesaid judgment, the said oral sale is invalid and of no avail to the respondent to sustain a pre-emption action, being a co-sharer.
Thus, following the dictum mentioned above, the judgments and decrees of the Courts below are set aside, with the result that the suit of the respondent stands dismissed. This revision petition is allowed.