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(On appeal from the , dated 6-11-1993 of the Peshawar High Court, Peshawar passed in Civil Revision No.354 of 1985). North-West Frontier Province Pre-emption Act (XIV of 1950)--Ss. 5(a) & 12---- Constitution of Pakistan (1973), Art. 185 ---- Suit for pre­emption ---- Superior right of pre-emption ---- Trial Court and Appellate Court below had concurrently found that respondent/pre-emptor possessed superior right of pre-emption on ground that pre-emptor owned property contiguous to pre-empted property whereas appellant/vendee had no such right ---- Such findings of Courts below were upheld by High Court --- Findings of Courts below were baged on correct appraisal of evidence available on record ---- Even if another view was possible, that would not provide justification to interfere in findings concurrently arrived at by two Courts below and affirmed by High Court. ORDER MUHAMMAD BASHIR JEHANGIRI, J.--This appeal, with the leave of the Court, is directed against the judgment of the learned Single Judge of Peshawar High Court passed on 6-11-1993, whereby the learned High Court partially allowed the revision petition upholding the judgment and the decree in favour of respondent No. 1 Mst. Mumtaz Begum for possession through pre­emption of the suit property on payment of Rs.60,000 instead of Rs. 15,000 to the appellant. 2. Mst. Mumtaz Begum, respondent No. I pre-empted the sale of a vacant site (Khola) in the shape of a mini sarai (Srancha) bearing Khana Shamari No,2535 situated in Mohallah Shah Burhan, in Jehangirpura, Peshawar City, sold by its owner Haji Dilbar Khan respondent No.2 to Haji Rozi Khan appellant in lieu of a sum of Rs.60,000 by virtue of a registered deed, dated 11-8-1984. respondent N6.1 pressed her superior right of pre-emption on the grounds- (i) that she was a co-sharer in the disputed plot (ii) that she was a participator in the amenities thereof and (iii) that she owned property in contiguity as provided by section 12, firstly, secondly and thirdly, of the N.-W.F.P.. Pre-emption Act (Act XIV of 1950), hereinafter described as the Act.(since repealed). 3. As the appellant failed to appear in the trial Court in spite of personal service, he…

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