NOOR SAMAND Versus ISMAILY

ORDER

SAAR SAOOD JAN, J.‑ ‑This is a pre‑emptor's petition for special leave to appeal in a pre‑emption suit. The suit was decreed by the trial Court but in appeal it was dismissed by the additional District Judge, Sahiwal. In second appeal, the High Court upheld the judgment of the learned Additional District Judge.

2. The petitioner has been non‑suited for the reason that by virtue of a notification issued by the Provincial Government the right of pre‑emption did not exist in the area where the land in dispute was situate. Learned counsel for the petitioner contends that the notification in question was not applicable to his case as the land in dispute was not located within the irrigation limits of the Sutlej Valley Canal and that it was not owned by the Government.

3. It is to be noticed that the contention raised on behalf of the petitioner relates to questions of fact and the findings of the learned Additional District Judge and the High Court are against him. This petition is without any merit and is accordingly dismissed.

M.B.A./N‑75/S Petition dismissed.