Vinod K. Sharma, J. (Oral).:-This regular second appeal is directed against the judgment and decree dated 5.2.2009 passed by the learned Courts below, vide which the suit filed by the plaintiff/respondent for possession by way of pre-emption, stands decreed.

2. The plaintiff/respondent brought a suit for possession by way of pre-emption to pre-empt the sale of land measuring 2 kanals 13 marlas, sold in favour of the defendant/appellant, by claiming superior right of pre-emption being tenant over the suit property. It was also pleaded that the sale consideration depicted in the sale deed was not correctly depicted with a view to defeat the right of pre-emption.

3. The suit was contested by the defendant/appellant on the plea that the plaintiff/respondent did not have superior right of pre-emption, for the reason that he was co-sharer in the property in dispute and, therefore, could not seek right of pre-emption against other co-sharer. The plea was also raised that the plaintiff/respondent was not tenant over the property in dispute, as he was not recorded as tenant in the revenue record and, therefore, could not be said to have superior right of preemption.

4. The learned C