GHULAM MUHAMMAD Versus MEMBER (REVENUE); BOARD OF REVENUE, LAHORE

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑ ‑This is a vendees' petition for leave to appeal in a pre‑emption matter from the judgment dated 30‑3‑1987 of the Lahore High Court; whereby the petitioners' Constitutional Petition was dismissed.

2. According to the learned counsel the respondent /tenant's suit for pre‑emption was decreed. The petitioners' appeal and revision having been dismissed, his Writ Petition has also been dismissed. He has now sought leave to appeal. The learned counsel has contended A that the suit was 'decreed no doubt before 31st of July, 1986; but the findings of fact regarding tenancy in respondents' favour are based on misreading of evidence. According to him, the suit on the basis of tenancy could be decreed only to the extent of 26 Kanals 14 Marlas and not the entire suit land.

3. After hearing the learned counsel at some length and the perusal of the evidence placed on record, we do not agree with him. The findings of fact by the Trial Forum, which were affirmed by the higher forums regarding tenancy, do not suffer from any infirmity, legal or otherwise. Leave to appeal is, therefore, refused and the petition is, accordingly, dismissed.

M.Y.H/G‑94/S Petition dismissed.