Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S. 4---Constitution of Pakistan (1973), Art. 185 (3)---Pre-emption suit--­Waiver---Leave to appeal was granted to consider whether three Courts below had misread evidence and/or ignored the material evidence on record which conclusively proved waiver on the part of pre-emptor. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 4---Constitution of Pakistan (1973), Art. 185---Exercise of right of pre­emption---Plea of misreading of evidence ---Vandee could not show misreading of evidence justifying interference in the finding of fact arrived at by three Courts below holding that plea of waiver was not proved---Finding of Courts below was maintained in circumstances. JUDGMENT ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances. 1. Relevant facts are that the respondent filed a suit for pre-emption against the appellant. It was resisted on the plea of waiver. It was found against the appellant and the suit of the respondent was decreed by the learned Senior Civil Judge, Sialkot vide judgment and decree dated 14-5-1983. Appellant's first appeal failed before the District Judge, Sialkot vide judgment and decree dated 4-11-1987 and his second appeal before a learned Judge of…

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