BARKAT ALI Versus KHURSHID BIBI

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ This is vendee's petition in a pre‑emption matter. His Regular Second Appeal against the reversal of the trial Court's judgment by the first appellate Court, was dismissed.

2. The plea raised by the learned counsel is two‑fold; one, that the respondents' side failed to establish a superior right of pre‑emption because the question of fact regarding relationship between the vendor and the pre‑emptor has wrongly been decided arid further that the pre‑emptor 's suit suffered from the bar of waiver.

3. The second point raised by the learned counsel was not pressed before the learned appeal Court. Be that as it may, the reliance is only on oral evidence which we have not been able to treat enough, to create bar of waiver against the respondents.

4. Regarding the first point it would suffice to observe that Munshi Khan, tire father of the pre‑emptor supported her case. In any case, this question also stands concluded by the findings of~ fact.

5. The other point raised by the learned counsel is that the High Court misread the judgment of the learned trial Court regarding the form of issue, the question now being raised besides being too technical, is without any substance. Leave to appeal accordingly is refused.

6. M.I./B‑60/S Petition dismissed.