JUDGMENT FALAK SHER, J.- This order will dispose of Civil Petitions Nos. 2482-L and 2483-L of 2001 having commonality of facts and law viz. The petitioners having purchased 240 kanals of agricultural land situated in Kotla Mai, Tehsil Khanpur, District Rahim Yar Khan from Zaid Muhammad for a sum of Rs. 2,42,500/- through registered sale-deed dated 5.4.1977, were exposed to Abdul Wahab and Abdul Rahim etc., respondents' suits for possession through pre-emption, respectively asserting superior right of pre-emption being owners in the estate, which were decreed by the Civil Judge, Khanpur, District Rahimyar Khan through consolidated judgment dated 27.6.1984, holding that the respondents being rival pre-emptors were entitled to the suit land in equal shares.
2. Whose findings, on appeal, were affirmed by a learned Division Bench of the Lahore High Court, Bahawalpur Bench, dismissing petitioners' Regular First Appeals Nos. 51 and 52 of 1984 as well as that of Abdur Rahim etc. (RFA 86/1984) respondents in C.P. 2483-L/2001, upholding inter alia the respondents' superior right of preemption, repelling the plea of waiver being a conscious renunciation of one's rights, vide the impugned judgment dated 7.6.2001.
3. Against which leave to appeal is being sought primarily contending that the land in question being Bunjar Qadeem was uncultivatable, thus was not an agricultural land amenable to pre- emption; respondents Nos. 13 to 15 being minors qua them the suit was time-barred and the plea of waiver has not been properly appreciated.
4. Which we are afraid, are misconceived because admittedly neither any issue qua the former contentions was framed nor any evidence to that effect was adduced, thus cannot be allowed to be canvassed for the first time in these proceedings. While concurrent findings of fact recorded by the two Courts duly borne out by the' evidence adduced are unexceptional which the learned counsel could not dislodge. Resultantly these petitions being devoid of merits are hereby dismissed and leave declined.