MUHAMMAD SIDDIQUE Versus NABI BAKHSH

ORDER

SAAD SAOOD JAN, J.‑‑ In this petition for special leave to appeal which arises out of a pre‑emption suit, the vendees are before us. On their behalf, two contentions have been raised. The first is that the respondents had not paid the proper court‑fee within .the period prescribed for filing the suit and as such the suit was barred by time. The second is, that the respondents had waived their right of pre‑emption.

2. As regards the first contention, the decision of this Court in Siddique Khan v. Abdul Shakur Khan P L D 1984 S C 289 is against them. So far as the plea of waiver is concerned, the trial Court recorded a finding against the petitioners. In first appeal, the learned Additional District Judge reversed the finding of the trial Court. However, the High Court set aside the finding of the first appellate Court and restored that of the trial Court. We are not persuaded that the finding of the High Court suffers from any infirmity. Leave is refused.

M . Y . H . / M‑503/ S Leave to appeal refused.