Law:

Section:

Constitution of Pakistan (1973) ---Art. 185(3) Leave to appeal Question raised before Supreme Court not raised by petitioners in opposing respondents' appeal on a point decided against them Point although formally raised in grounds of revision before High Court yet not urged and pressed at hearing¬-Illegal transactions of exchange and gift relied upon by petitioners for supporting plea of improvement noticed by high Court and not unnoticed as alleged Plea of improvement also not acceptable without positive findings of fact on questions of gift and exchange Leave to appeal declined. Muhammad Mujtaba v. Ghulam Ali and others 1980 SCMR 7 distin¬guished. C. P. No. 124 P of 1979 Fazal Elahi Khan, Advocate Supreme Court and Qasim 1niam, Advocate¬ on Record for Petitioner. Nemo for Respondents C. P. No. 125 P of 1979 Muhammad Inam Khan, Advocate Supreme Court and Nur Ahmad Khan, Advocate on Record for Petitioners. Nemo for Respondents Date of hearing: 14th June, 1980. ORDER MUHAMMAD AFZAL ZULLAH, J- Leave to appeal had been sought from judgment dated 19 3 1979 of the Peshawar High Court through these two petitions, by the first vendees and the second vendee, who were defendants in a pre emption suit. The relevant facts summarised by the learned counsel for the petitioners are that the land in dispute was purchased by Alif Shah petitioner and Gul Bagh Shah respondent by mutation dated 15.5 1966. Later on 8 6 66 Gul Bah Shah made the sale in favour of Azizullah petitioner. The respondent Hassan Khan filed a suit for pre emption on 12 5 1967, on the ground of contiguity. But, in the meanwhile, it .is alleged that the said vandees had improved their position through a gift made in their favour on 5/11 5 1967, although the mutation thereof was attested on 10 5 1961. However, not only by these improvements, the vendees also tried to defeat the plaintiff's right by transferring the land to Gul Muhammad petitioner, but this mutation was sanctioned much after the institution of the suit in May, 1968. The suit was dismissed by the learned trial Court. It was decreed on respondent/plaintiff's first appeal. The revision filed by the two sets of vendees separately were dismissed…

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