AHMAD BAKHSH Versus SHAKEELA BEEUM

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑ ‑This petition for leave to appeal by vendee in a pre‑emption matter calls in question the dismissal of his Regular Second Appeal by the High Court on the sole ground pressed by his learned counsel: that the respondents' plaint should have been rejected on the ground of deficiency in court‑fee and the point of limitation connected therewith. This question now stands decided by the judgment of this Court in the case of Siddique Khan P L D 1984 S C 289 which goes against the petitioner. Leave to appeal therefore, cannot be granted on the question of court‑fee.

2. The learned counsel for the petitioner also brought to our notice that the question of possession vis‑a‑vis bar of limitation was also raised from the petitioner's side but it stands concluded by a concurrent finding of fact of the Courts below against the petitioner. Therefore, he cannot and does not agitate the same. This petition thus has no force and is accordingly dismissed.

3. M . I . / A‑251 / S Petition dismissed