MAHBOOB AHMAD Versus MUZAFFAR KHAN

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by the vendees' side in a pre‑emption matter against the dismissal of their Regular First Appeal by the High Court.

2. Learned counsel has raised. three points: (i) that the petitioners were also the owners in the estate by virtue of the document Ex.D.2 therefore, the respondent/ pre‑emptor had no superior right of pre‑emption; (ii) that the amount awarded as compensation by the trial Court is not proper. It should have been Rs.25,000; and (iii) that one of the petitioners being a minor proper guardian ad‑litem was not appointed at proper time.

3. The first question raised by the learned counsel stands concluded by a finding of fact regarding the document Ex.D.2. The learned counsel has not been able to assail the same before us successfully. The assumption regarding the amount of improvements, in our estimate, was not wrong. Be that as it may, this question also stands concluded by findings of fact.

4. On the last question, the judgment of this Court in Muhammad Ismail v. Muhammad Sarwar 1980 S C M R 254 goes against the petitioners. Leave to appeal accordingly is refused.

5. M.I./M‑488/S Petition dismissed.