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Civil Petitions Nos. 580 and 581 of 1977, decided on 29th May, 1984.

(On appeal from the judgment, dated 2‑7‑1977 of the Lahore High Court in R.S.A. No.157/77 and R.S.A.No.162/77).

‑‑‑Art. 185(3)‑‑Punjab Pre‑emption Act (I of 1913), S.22(4)‑‑Failure to deposit one‑fifth probable value of property‑‑Concurrent findings of fact recorded by Courts below‑‑No error shown in such findings‑‑Leave to appeal refused.

Munir Ahmad, Advocate Supreme Court with Tanvir Ahmad, Advocate on‑Record for Petitioners (in both the cases).

Nemo for Respondents.

Date of hearing: 29th May, 1984.

This order will govern Civil Petition No.580 of 1977 and Civil Petition No.581 of 1977, as common questions of law and facts are involved in both the matters and the same have been disposed of by a common judgment.

The plaint of the petitioner, in both the matters, was rejected under section 22(4) of the Punjab Pre‑emption Act, 1913 for his failure to deposit in time, the one‑fifth probable value. The appeal against the said order filed before the District Judge failed and the second appeal was dismissed by the High Court in limine. Hence this petition for leave to appeal.

Sh. Munir Ahmad, learned counsel for the petitioner in both the matters attempted to assail the concurrent findings recorded against the petitioner by the aforementioned three Courts, but was unable for show any error therein. These petitions, therefore, fail and are dismissed hereby.

S.Q. Petition dismissed.

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