1. ' MUHAMMAD AFZAL ZULLAH, J.--This is a vendee's petition for leave to appeal in a pre-emption matter.
2. ' The dispute now left to be resolved is whether the pre-emptor (a real brother of the vendor) has superior right of pre-emption as compared to the petitioner/vendee (a real nephew of the vendee).
3. After some technical arguments, learned counsel could not dispute the fact that a real brother (pre-emptor herein) is higher in order of succession than a real nephew (the vendee/petitioner herein); and that the case had to be decided under the Punjab Pre-emption Act, the relevant provisions whereof conferred right of pre-emption "in the order of succession".
4. ' After hearing the learned counsel, on the said "order of succession" (the petitioner a nephew, being lower than the respondent/pre-emptor/brother) this petition cannot succeed.
5. ' Thus it is without any substance. Leave to appeal is, accordingly, refused.