GULZAR AHMAD Versus ALLAH WASAYA

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑ ‑This is a pre‑emptor's petition for leave to appeal calling in question the acceptance of respondent's Regular Second Appeal, by the High Court. The petitioner has been non‑suited on the ground of waiver.

2. The learned counsel has contended that the finding that the petitioner was a party to the transaction, has not been given in true perspective. According to him, there were two transactions. If at all, the finding was given against him with regard to one of them.

3. Be that as it may, the High Court has in the impugned judgment considered the entire conduct of the petitioner, who is the son of the vendor. It came to the conclusion that it was the cumulative effect of several circumstances that the judgment had to be rendered against the petitioner on the question of waiver.

4. The findings of fact do not suffer from any legal infirmity either. Leave to appeal accordingly is refused.

5. MA.B.A./13‑103/S Leave refused.