MUHAMMAD SADIQ Versus ABDUL LATIF

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ This is a petition by vendees' side in a pre‑emption matter against the dismissal of their Civil Revision by the High Court.

2. Learned counsel has contended that the question of bar of limitation having rightly been decided by the trial Court against the respondent‑pre‑emptor, the two higher appeal Courts could not have upset the judgment of the trial Court, without cogent reasons.

3. It is not denied that the question before the learned Courts below was also one of fact. The plea taken by the petitioners was that they had taken physical possession prior to the formal transaction of sale, therefore, the suit filed by the respondent within one year of the formal transaction of sale, was time‑barred.

4. We having .perused the relevant record agree with the learned two appeal Courts that the petitioners had failed to establish the transfer of physical possession under the sale to the petitioners at the relevant time.

5. After hearing the learned counsel on the question of fact raised by him, we do not find any force in it. Leave to appeal accordingly is refused.

6. M.B.A./M‑501/S Leave refused.