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Civil Petition No. 727 of 1984, decided on 16th November,1985.
(On appeal from the judgment, dated 30‑5‑1984 of the Lahore High Court, Multan Bench in R.S.A. No. 40 of 1983).
‑‑‑Art. 185(3)‑‑Leave to appeal, grant of‑‑Questions relating to appreciation of evidence having been fully considered and concurrently decided by three Courts‑‑No question of law arising for consideration‑ Supreme Court declined to interfere and refused leave to appeal.
K.H. Khurshid, Advocate Supreme Court for Petitioner.
Shamsuddin Mahmood, Advocate Supreme Court with M.A. Qureshi, Advocate for Respondent.
Date of hearing: 16th November, 1985.
‑This petition arises in a pre‑emption matter.
2. The petitioner is a vendee of a house situate in Multan. The sale of the disputed house in her favour was pre‑empted by the respondent. She has been found to have a superior right of pre‑emption and it has also been found that the custom of pre‑emption exists in the locality where the house is situate. These findings have been concurrently upheld by the Additional District Judge and the High Court. Hence this petition for leave to appeal.
3. Mr. K.H. Khurshid, learned counsel for the petitioner, while challenging both these findings, has raised before us questions merely of appreciation of evidence. These questions have already been fully considered by the three Courts below. No question of law arises for consideration in this matter and the case is not fit for interference by this Court. This petition is, accordingly, dismissed.
M. I. Petition dismissed.
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