MUHAMMAD HUSSAIN Versus ILAM DIN

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by defendants/ vendees in these two petitions against Judgment dated 2‑2‑1981 of the Lahore High Court; whereby a pre‑emption decree passed in. favour of the respondents side was affirmed and the plea of the petitioners that the transaction in question was exchange and not sale was rejected,

2. The learned counsel admits that the trial Court, the First Appellate Court and the High Court all have held against the petitioners on question of fact with regard to the nature of the transaction‑‑sale or exchange. He has, however, contended that the learned Courts below have relied on oral evidence adduced from the respondents‑side in order to show that the transaction was sale and not exchange. That evidence, according to him, was not reliable.

3. After hearing the learned counsel, we do not find any justification for interference with the findings of fact by the learned Courts below. These petitions fail and are accordingly, dismissed.

M.I./M‑437/S Petitions dismissed.