FAZAL MUHAMMAD Versus MUHAMMAD KASHIF IKRAM

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑ ‑Leave to appeal has been sought by a vendee in a pre‑emption matter against the dismissal of his Civil Revision by the High Court.

2. Two points arise in this case; (1) whether the respondent/pre emptor should have been non‑suited on ground of deficiency in the court‑fee. This point, however, stands concluded against the petitioner's plea by the judgment of this Court in the case of Siddique Khan (P L D 1984 S C 289). The next question raised by the learned counsel is regarding the determination of the purchase price paid by the petitioner.

3. The learned counsel has contended that the reduction from more than eighty‑four thousand rupees to fifty thousand rupees is against the material brought on record. This. being essentially a question of fact stands concluded by the concurrent findings of all the learned Courts below. We do not find any justification for interference in this behalf with the impugned judgment, which does not suffer from any infirmity legal or otherwise. Leave to appeal is, therefore, refused.

M. B. A./F‑55/S Leave refused.