BASHIR AHMAD Versus INAYAT MUHAMMAD

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑ ‑This is a vendee's petition arising out of a pre‑emption matter. The dismissal of his Regular Second Appeal by the High Court has been challenged.

2. He has lost throughout in all the Courts below. The question raised now is regarding bar of estoppel against the respondents‑pre emptors' side. The only grievance made by the learned counsel is that the District Court did not afford adequate opportunity of hearing to the petitioner‑vendee on the question of estoppel. When questioned as to whether the petitioner had led any evidence on that behalf, answered in the negative and asserted that the petitioner could show from the certain admissions made from the respondent's side during the evidence that his claim to pre‑emption should have been denied on the ground of estoppel. We after hearing the learned counsel on this subsidiary question also have not been able to find any error noticeable by this Court in the impugned judgment. That being so, leave to appeal is refused and the petition is dismissed.

3. M.B.A./B‑57/S Petition dismissed.