1. MUHAMMAD AFZAL ZULLAH, J: --Leave to appeal has been sought by the plaintiffs' side; against the dismissal by the High Court, of their Civil Revision. It had arisen out of a suit for cancellation of sale--deed.
2. Muhammad Aslam, predecessor-in-interest of the petitioners, had challenged the sale-deed alleged to have been executed by him in favour of the respondent on the ground that it was tainted with fraud and was also without consideration. The plaintiff's side having failed before all the three Courts below have now sought leave to appeal.
3. It is not denied that the controversy relates to findings of fact which have been concurrently rendered against the petitioners by the learned Courts below. Realising this the learned counsel contended that the question of minority of Muhammad Aslam, petitioners' predecessor-in-interest and the so-called admission made by his father Muhammad Siddique, have not been properly dealt with.
4. The impugned judgment shows that the plea now sought to be raised was not pressed before the High Court. In the impugned judgment it was observed as follows:--- "The only finding of the learned Civil Judge, which was assailed by the petitioners before the learned Additional District Judge, who dismissed their appeal, was on issue No.1. This issue is in respect of the plea of fraud and want of consideration. Whether the sale was fraudulent and without consideration are questions of fact on which, as indicated above, there are concurrent findings of the learned lower Courts. Learned counsel for the petitioners did not point out any misreading or non---reading of evidence or any other defect justifying interference with their findings.- In view of the aforenoticed approach of the High Court to the only question raised before it from the petitioners' side which no doubt is unexceptionable, this petition merits dismissal. However, we after having heard the learned counsel on the plea raised before us are not satisfied that it merits any consideration by this Court. Accordingly, leave to appeal is refused,