1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendees in a pre-emption matter against the judgment of the Lahore High Court whereby their first appeal against the order of remand passed by the first appellate Court, was dismissed.
2. ' The learned counsel stated that the petitioners 1 to 3 could defend the suit for pre-emption filed by the respondents' side but the petitioners-vendees 4 to 7 not being the owners in the estate could not do so. In order to avoid objection of sinker, the non-owners-vendees sold their part of purchased land to the other set of the vendees before the filing of the suit by the respondents' side.
3. He also stated that although the transaction about this subsequent sale was completed before the filing of the suit the mutation was attested in that behalf nearly three years after the filing of the suit because one of the vendees transferees being a minor, sanction had to be obtained from the Guardian Judge for making the sale on his behalf.
4. It has been held that the subsequent sale relied upon by the petitioners vendees side would have to be treated as of a time after the institution of the suit. It was, therefore, of no benefit to them. The learned counsel on the contrary, has contended that the sale having been completed before institution of the suit the sanction of the mutation after the institution of the suit being only a formality could not change the factum of sale.
5. It was pointed to the learned counsel that in the impugned judgment the sale on behalf of the minor vendee is mentioned as not a completed sale but only an agreement to sell. Moreover, although the document evidencing this sale has not been produced, it would be otherwise assumed that whatever language used on behalf of the minor the transaction on his behalf was to remain only as an agreement to sell till the sanction of the Guardian Judge. The learned counsel to be fair to him frankly stated that this was the position. Thereafter he did not press the petition. That being so, leave to appeal is refused and this petition is dismissed.