GHULA-M HAIDER Versus DOSA

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by a vendee in a pre‑emption matter. He has lost throughout.

2. The point now pressed by the learned counsel relates to the superior right of pre‑emption of the respondent‑pre‑emptor. The argument, no doubt, that the respondent could not be treated as an owner in the estate, was raised in the High Court; but it was repelled on the point that it was not raised by the petitioners' side in written statement. The dismissal of the Civil Revision by the High Court accordingly was unexceptionable.

3. Be that as it may, the basis of the argument of the learned counsel is that the ownership of land in the estate claimed from respondent's side was subject‑matter of litigation, therefore, he should not have been allowed a decree in pre‑emption on that very basis.

4. When questioned as to what was the result of the litigation creating doubt on the said ownership of the respondent the learned counsel stated that he has no information. Looked at from whatever angle, the petitioners have no case. Leave to appeal accordingly is refused.

5. M.I. /G‑108/S Petition dismissed.