M. S. H. QURAISHI, J.-In this case which is under the Punjab Pre-emp--petition Act, that mutation of sale had been attested on 28-11-1973 and the suit had been filed on 25-11-1975. Learned counsel contends that the suit was time-barred inasmuch as the actual sale had taken place on 24-11- 1975. The High Court has held that since the land was in actual possession of tenants, which fact was not disputed by the parties, the vendees could not be said to have taken physical possession of the same on the date of the sale and as such the limitation started running from the date of the attestation of the mutation. This finding is in accord with the law and calls for no interference.
2. Learned counsel also challenges the correctness of the valuation of the suit for the purpose of court-fee, but there is nothing in the judgment of the High Court to show that this point had been pressed there. The learned Judge has recorded that the petitioner's counsel had disputed the findings on the question of waiver and limitation and he accordingly confine his discussion to those two points only. The point, therefore, is not permitted to be raised before this Court.
3. The petition fails and is accordingly dismissed.