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Civil Petition No. 280 of 1980, decided on 25th May, 1985.

(From the order of the Lahore High Court, dated 23‑1‑1980, passed in Civil Revision No. 1357 of 1979).

‑‑‑Art. 185(3)‑‑Leave to appeal, grant of‑‑Contention not raised before High Court, not allowed to be raised before Supreme Court‑‑Matter having been examined and rejected by High Court, no case made out for interference‑‑Petition dismissed.

G.A. Farid Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate‑on‑Record for Petitioner.

Shehzad Jehangir, Senior Advocate Supreme Court for the Settlement Department on notice for Respondent.

Date of hearing: 25th May, 1985.

.‑‑This petition arises out of a suit instituted by respondent Allah Yar Khan for possession of the disputed house which he claimed to belong to him by purchase from Sultan Mahmood against consideration of Rs.140 as evidenced by sale‑deed, dated 20‑1‑1932 Exh. P.l. The suit was dismissed but on appeal, the appellate Court decreed the suit. The petitioner came in revision before the High Court but the same was dismissed in limine by the impugned order, dated 23‑1‑1980.

2. Learned counsel has contended that in view of section 17(1)(b) read with section 49 of the Registration Act, the sale‑deed Exh.P.l, relied upon by the respondent /plaintiff, could not create or confer any title or interest in him. But this contention not having been taken before the High Court cannot be allowed to be raised before us. The petitioner's own case based on certain documents had been examined but rejected by the High Court. No case is, therefore, made out for interference. This petition is dismissed.

M. I. Petition dismissed.

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