MUHAMMAD AKRAM Versus MUHAMMAD AYUB

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑ This petition for leave to appeal is directed against judgment dated 3‑11‑1982 of the Lahore High Court; whereby a Civil Revision arising out of a pre‑emption suit, was dismissed.

2. The petitioner/vendee/defendant, had claimed the suit land to have been acquired by him by way of gift. The respondent's case was that it was in reality a sale but disguised as a gift. All the Courts below accepted the plea of the respondent/ pre‑emptor on facts and held the transaction to be a sale and held him entitled to the decree.

3. Learned counsel argued that it was a case of no evidence on the main issue of the nature of the transaction. But on discovery of evidence in the proceedings he tried to show that it was a case of misreading of the evidence. On that point also he was unable to show any specific material which might have been misread. He then sought to challenge the right of the respondent to pre‑empt the sale but, no argument have been raised in this behalf before the Courts below, he could not press if any further. He not having been able to satisfy us on any point, this petition is found to be without merit and is accordingly dismissed.

4. M. Z. M. Petition dismissed.