ABDUL KARIM Versus ALI GAUHAR

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ This petition for leave to appeal has been filed by the vendee's side in a pre‑emption matter against the dismissal of their Civil Revision by the High Court.

2. Learned counsel did not press the point with regard to the court‑fee because the same now stands concluded by the judgment of this Court in the case of Siddique Khan P L D 1984 S C 289. He, however, vehemently argued that the issue relating to waiver should have been decided against the respondent‑pre‑emptor.

3. It is admitted by the learned counsel that the evidence on this issue from both the sides was oral. The petitioner, no doubt, produced witnesses so as to establish this plea but they have not been relied upon. All the three Courts having held against the petitioner on questions of fact, we do not consider it a fit case for interference on the question raised by the learned counsel. Leave to appeal accordingly is refused.

4. M.I. /A‑257/S Petition dismissed.