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Constitution of Pakistan (1973)-----Art. 185(3)--Punjab Pre-emption Act (I of 1913) S. 21--Pre-emption suit decreed in appeal--Plea that pre-emptor's conduct amounted to waiver neither pressed before trial Court nor in appeal--High Court rejecting this plea on ground that there was nothing on record to show that question of waiver was at all pressed--Other contentions having been discussed at length satisfactorily and rejected by Courts blow, case, held, not a fit one for grant of leave to appeal--Petition dismissed. Zaki-ud-Din Pal, Senior Advocate, Supreme Court instructed by Mahmood A. Qureshi, Advocate-on-Record for, Petitioners. Ch. Khurshid Ahmad, Senior Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Respondent. Date of hearing: 4th June, 1985. ORDER M.S.H. QURAISHI, J.--A suit brought by Tajoo respondent to pre-empt the sale by Mumtaz vendor, in favour of the petitioners, was dismissed but Tajoo's appeal was accepted and his suit was decreed. The petitioner's revision before the High Court having failed, they have moved this petition for .leave to appeal. 2. The first contention raised is in regard to the status of tenant claimed by the petitioners, which claim was rejected by the appellate Court as also the High Court. The point has been discussed by these two Courts at length and we are satisfied that their appreciation of the evidence on this question of fact leaves no scope for interference. The second contention that the suit was Benami for the benefit of Baboo Idrees, the finding on which has also…

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