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Civil Petition for Special Leave to Appeal No.535‑R of 1983, decided on 14th April, 1984.

(On appeal from the judgment of Peshawar High Court dated 13‑4‑1983 in C.R. No. 200 of 1977).

Constitution of Pakistan (1973)‑‑

‑‑‑Art.185(3)‑‑N.‑W.F.P. Pre‑emption Act (XIV of 1950),, S.16‑‑Suit for pre‑emption‑‑ Compensation for fruit garden alleged to have been planted in suit land‑‑No basis for finding that petitioner had planted garden as tenant before sale‑‑Leave to appeal refused.

Qazi Abdur Rashid, Advocate Supreme Court and Karam Elahee Bhatti, Advocate‑on‑Record for Petitioners

Nemo for Respondents.

Date of hearing : 14^th Aril, 1984.

,

.‑‑ This petition for leave to appeal is directed against judgment dated 13th April, 1983 of the Peshawar High Court: whereby a Civil Revision Petition, was dismissed.

The ease has arisen out of a suit for pre‑emption of land decreed in favour of the respondents/plaintiffs on 31st of May, 1975. The peti tioners' (vendee‑defendants) appeal was dismissed. They also failed in revision before the High Court. They have now sought leave to appeal. Their learned counsel has urged only one point namely that the peti tioners having planted a fruit garden in the land in dispute, the issue regarding compensation in that behalf has not been decided by the learned Courts below in accordance with law.

There is a finding of fact that the garden in question was in existence before the sale which was the subject‑matter of the pre‑emption suit. The attempt of the learned counsel to show that the petitioners could have been granted the compensation by rendering a finding that they had planted the garden as tenants before the sale in question is futile. There is no basis for such a finding nor any serious attention can be given to this plea. This petition is accordingly dismissed.

S. Q. Petition dismissed.

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