ALAHMOOD AHMAD SHAH Versus MASIHUL ISLAM

1. MUHAMMAD AFZAL GULLAH, J.‑‑ Leave to appeal has been sought by a vendee in a pre‑emption matter against the dismissal of his Civil Revision by the High Court.

2. Learned counsel has raised two points in support of this petition; (i), that the suit land was not agricultural land; and (ii), that the respondent's suit was time‑barred because physical possession had been obtained by the petitioner before the date of the registration of the sale‑deed.

3. It is not denied by the learned counsel that the revenue record ‑(Jamabandi/Khasra Girdawari) negated the afore‑noted both the pleas raised before the lower Courts. The reliance of the learned counsel on some entries in the registered deed which tend to support his arguments, is of no help to the petitioner. The findings of fact on consideration of other cogent evidence go against the admissions contained in the registered deed in favour of the petitioner himself.

4. After hearing the learned counsel and going through all the relevant record, we do not find any justification for interference with the impugned judgment. Leave to appeal accordingly is refused.

5. M.B.A./M‑495/S Leave refused.