' ALI HUSSAIN QAZILBASH, J.--In this petition for leave to appeal, the order of a learned Single Judge of the Lahore High Court, dated 27-10-1987, has been impugned.
2. The dispute between the two brothers is over the succession in respect of certain lands under the Horse Breeding Scheme, on lease basis. The District Remount Officer proposed lease in favour of respondent No,5 as per his letter, dated 21-9-1984. The District Collector, Multan, after hearing the petitioner who was a rival claimant, allowed the proposal made to him and allotted the lease to respondent No,5 vide his order, dated 27-1-1985. The petitioner filed an appeal before the Commissioner, Multan Division, Multan, which was dismissed on 22-9-1985, his revision was turned down by the Member (Colonies), Board of Revenue, Punjab, Lahore, on 10-12-1986 and his writ petition was also dismissed by the Multan Bench of the Lahore High Court through the impugned order.
3. We have heard the learned counsel for the petitioner at some length and we have not been able to find any fault with the findings of the lower Tribunals. Admittedly the petitioner is an employee of the G.T.S. And remains on duty whereas respondent No,5 had deft the service before the death of his father and was assisting him in cultivating the lands. Furthermore, the respondent is a permanent resident of Chak No,34/10-R. The contention of the learned counsel for the petitioner that the petitioner was an ex-serviceman and had to be given preference over respondent No,5 as per the circular of the Board of Revenue would not prevail with us in that this question was not raised before the lower Tribunals and has been raised for the first time in this Court.
4. Thus finding no force in the petition, the same is dismissed.