ALI HUSSAIN QAZILBASH, J: --This is a petition for leave to appeal from the order of a learned Division Bench of the Lahore High Court, dated 4-7-1988.
2. The contest is between the two rival pre-emptors. The suit of respondents 2 and 3 has been decreed throughout for having a superior right of pre-emption qua the petitioner being the owners of dominant property. The above findings have now been challenged through the present petition.
3. After hearing the learned counsel for the parties, we have not been able to find any fault with the findings arrived at by the Courts below. In the plaint submitted by the petitioner he claimed superior right of pre-emption on the basis of contiguity only. This was refuted by the respondents, the rival pre-emptors. As against this, the respondents' suit was based on contiguity and also that the windows of their property opened towards the suit property; that they had been enjoying this right of easement for over seven decades and thus have a superior right of pre-emption. The fact that the windows of the house of the respondents opened towards the suit property has not at all been specifically denied in the written statement submitted by the petitioner. On the other hand, the petitioner has admitted that the windows of the house of the respondents do open towards the suit property. The case of the respondents is thus fully covered under the provision of section 16 clause fifthly of the Punjab Pre-emption Act and, therefore, the Courts below were justified in non- suiting the petitioner.
4. Finding no merit in the petition, the same is dismissed.