' ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances.
1. Relevant facts are that the respondent filed a suit for pre-emption against the appellant. It was resisted on the plea of waiver. It was found against the appellant and the suit of the respondent was decreed by the learned Senior Civil Judge, Sialkot vide judgment and decree dated 14-5-1983.
Appellant's first appeal failed before the District Judge, Sialkot vide judgment and decree dated 4- 11-1987 and his second appeal before a learned Judge of the Lahore High Court vide judgment and decree dated 19-4-1989. At the leave stage, it was contended that "the three Courts below have misread the evidence and/or ignored the material evidence on record which conclusively proves the factum of waiver on the part of the respondent". Leave was granted on 30-6-1990.
2. Learned counsel for the appellant referred to the copies of the evidence filed alongwith the petition on the basis of which the aforesaid contention was made.
3. Learned counsel for the respondent pointed out the inaccuracies from the photostat copies of the evidence in his possession.
4. We looked at the evidence recorded by the learned trial Court. Learned counsel for the appellant could not show misreading of evidence justifying interference in the finding of fact arrived at by the three Courts below that waiver was not proved. In this view of the matter, there is no force in the appeal. It is, therefore, dismissed but in the circumstances the parties are left to bear their own costs.