Through this Constitution Petition Malik Muhammad petitioner wants this Court to declare judgment and decree dated 9-5-1985 of Member, Board of Revenue, Punjab, Lahore, respondent No.2, dated 12-2-1984 of Additional Commissioner, Bahawalpur, respondent No.3 and dated 14-1- 1980 of Assistant Commissioner/Collector, Bahawalpur, respondent No.4, to be without lawful authority and of no legal effect.
2. The facts leading to this petition, briefly, are that respondent No.1 had filed a suit for possession by pre-emption on the basis of being tenant against Malik Muhammad petitioner. The suit was resisted, issues were framed, the parties led their evidence and trial Court/A C. Decreed the suit on 14-1-1980. The appeal filed by Malik Muhammad petitioner against this judgment and decree failed on 12-2-1984. Feeling aggrieved thereby, the petitioner filed revision before.
3. Before me, the learned counsel has challenged the findings of the learned A.C./Collector, Additional Commissioner and Member, Board of Revenue on issue of waiver.
4. After hearing the learned counsel I do not feel persuaded to agree with him. I find that issue of waiver was/is an issue of fact. The learned A.C. Additional Commissioner and Member Board of Revenue have concurrently found this issue against the petitioner. Their findings on this issue do not suffer from misreading/non-reading of evidence. I also do not desire to interfere, exercise of the Constitutional powers of this Court, with the appreciation of the evidence by them.
For what has been said above, there being no merit, the petition is dismissed, in limine.