1. ' USMAN ALI SHAH, J.--Bostan Khan petitioner had purchased the disputed land measuring 102 kanals 11-3/5 marlas with share of Shamilat situate at Mauza Adrana, Tehsil Jhelum from one Shah Wali. The present respondent Daulat Ali filed a suit for possession through pre-emption, in the Court of Civil Judge Jhelum, which was decreed in his favour on payment of Rs,10,954.89. Appeal of the petitioner before the Addl. District Judge, Jhelum was also dismissed vide his judgment dated 30-1- 1970. The regular second appeal of the petitioner before the High Court, remained unsuccessful vide impugned judgment. The petitioner now seeks leave to appeal from this Court.
2. The contention on behalf of the petitioner is that whether a Civil Court Decree, passed in favour of the respondent, based on a compromise between the parties can itself be considered as a "sale" for the purpose of the Punjab Preemption Act, is a point of consideration in this Court. Leave to appeal is therefore, granted. Security for costs in the sum of Rs,5,000. The appeal is to be made ready on the present record. The parties, if desire, are permitted to file additional documents.
3. Status quo is maintained.
4. ' Leave to .