NAZAR HUSSAIN Versus MAQBOOL HUSSAIN

ORDER

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

2. Learned counsel contends that the respondent/ pre‑emptor had failed to establish superior right of pre‑emption because the petitioner defendant/ vendee had proved that he was tenant on the land in question. The same point was raised before the High Court which observed that after having initially raised the same, the petitioner failed to agitate it before the lower Courts. No issue was framed on it is question nor the petitioner sought the framing of such an issue. Accordingly, this petition merits to be dismissed on this ground alone. However, we after hearing the learned counsel on the merits of his plea have not been able to find any substance in it. Leave to appeal is accordingly refused.

3. M.B.A./N‑76/S Petition dismissed.