1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendants side in a suit against the dismissal by the Peshawar High Court of their Civil Revision. The respondents suit regarding declaration as to the ownership of the suit land was dismissed by the trial Court. The respondents' appeal was accepted. The petitioners' plea that they were purchasers in possession of the land in dispute was not accepted. Their revision failed in the High Court.
2. ' Learned counsel explained that while accepting the respondents' plea the learned District Court had not rejected the petitioners' plea that they had purchased certain land but had held that it was a different land. Accordingly, the respondents' suit was decreed by the appellate Court. The High Court on petitioners' revision affirmed the appellate judgment. Therefore, this petition for leave to appeal.
3. After hearing the learned counsel, who has raised question of appreciation of evidence, we do not consider it a fit case for re-appraisal of the material before the learned Courts below. Accordingly, the petition for leave to appeal merits to be dismissed.
4. ' However, learned counsel for the petitioners stated that the relevant question with regard to the land purchased by the petitioners side, even if it was different from the one regarding which the respondents had filed a suit, were not clearly resolved in the litigation as noted in the impugned judgment of the High Court. Therefore, it may be observed that the petitioners would not be precluded from filing necessary proceedings for resolving the remaining disputes.
5. Learned counsel for the respondents-caveator has agreed to the suggestion made by the petitioners' learned counsel. We, therefore, while dismissing this petition, observe that the petitioners, if so advised, may initiate fresh competent proceedings, in accordance with law.