Law:

Section:

Punjab Pre-emption Act (I of 1913)---S. 21---Qanun-e-Shahadat (10 of 1984), Art.114---Right of pre¬emption, exercise of---Principle of estoppel---Applicability---Raising of new plea---Effect---Concurrent findings of facts by the Courts below--¬Contention of the vendee was that the pre-emptor had waived his right of pre-emption as at the time of sale the pre-emptor had declined to purchase the land---Trial Court decreed the suit in favour of the pre¬emptor ---Judgment and decree passed by the Trial Court was maintained by Appellate Court as well as by High Court---Validity---Fact of refusal to purchase suit-land by pre-emptor was not stated in written statement of vendee and it appeared that improvement was made to justify grounds of waiver by the vendor and vendee himself---All three Courts below on proper and. elaborate appraisal of evidence had recorded concurrent findings of facts that waiver of right of pre-emption had not been proved ---Pre-emptor was the first paternal cousin of the vendor, therefore, it was rightly held that he had superior right of pre¬emption---Findings of the Courts below did not suffer from misreading or non-reading of any material piece of evidence on record to justify interference by Supreme Court---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.--- A suit filed by the respondent to preempt the sale of land m dispute through Mutation No. 1595 sanctioned on 29-3-1979 for a consideration of Rs.30,000 was decreed by the trial Court through judgment, 21-10-1985. Appeal filed by the petitioner was dismissed by the District Judge, Multan, against which civil revision filed by him before the High Court has also been dismissed through the impugned judgment, dated 3-7-2000 against which leave is sought. 2. The right of pre-emption was…

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