1. ' MUHAMMAD AFZAL ZULLAH, J.--This is defendant's petition for leave to appeal against the dismissal by the High Court of his Civil Revision. It has arisen out of a declaratory decree passed in favour of the respondents side regarding title to the suit property. The trial Court had dismissed the suit but their appeal having succeeded, the petitioner's challenge against the appellate judgment and decree, having failed before the High Court in its Revisional jurisdiction, he has now sought leave to appeal.
2. Learned counsel vehemently contended that according to the admission made from the respondents side that the petitioner was their tenant, the civil Court had no jurisdiction to try the suit, notwithstanding the petitioner's plea that he was not a tenant and that he was in fact an owner through purchase. When questioned whether the petitioner now accepts the position as a tenant so that if he succeeds in this Court and the case is to be tried by the competent forum, this controversy regarding the petitioner being a tenant should stand concluded, he replied that it is not the petitioner's case that he is a tenant. If the leave is to be granted it should be granted on the statement in that behalf made by the plaintiff side during the trial Court.
3. ' After hearing the learned counsel, we in this discretionary jurisdiction to grant or withhold leave to appeal, would not in the circumstances of the case, permit the petitioner to take inconsistent and self-contradictory pleas. Leave to appeal, therefore, is refused, as it is not a fit case for the grant thereof.