' MANZOOR HUSSAIN SIAL, J.---Ghazi petitioner herein, through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan seeks leave to appeal against judgment dated 24- 6-1992, of the Lahore High Court, whereby Writ Petition No, 5091/1984 was allowed and the case was remanded to the Assistant Commissioner/Collector, Mianwali, for fresh decision in accordance with law.
2. The petitioner instituted a suit for pre-empting the sale of the land in dispute evidenced through Mutation No, 3871 dated 30-8-1974, on the ground that he was tenant of the land at the time of sale. The suit was contested by the vendees/respondents. The Collector seized of the suit after recording evidence led by the parties came to the conclusion that Ghazi plaintiff could prove his tenancy over the land measuring 32 Kanals and 13 Marlas bearing Khasra No,4073 at the time of sale. He accordingly decreed the suit on 28-12-1977 and dismissed in regard to the rest of the land measuring 4 Kanals and 6 Marlas. The judgment and decree was unsuccessfully challenged by the vendees/respondents in appeal before Additional Commissioner, Revenue and in revision before Member, Board of Revenue.
3. Aggrieved by the aforesaid decisions the vendees invoked the Constitutional jurisdiction of the Lahore High Court through Writ Petition No,5091/1984, which was accepted on 24-6-1992, vide impugned judgment as aforementioned. Hence this petition for leave to appeal.
4. Learned counsel for petitioner contended that the petitioner was in cultivating possession of the land in dispute as tenant in Kharif 1974 when the transaction of sale had taken place. In support of his submission he referred to relevant Khasra Girdawari for Kharif 1974 recorded on 22-11-1974. He, however, admitted that entry to that effect in Khasra Girdawri was made on 22-11-1974.
5. We have heard learned counsel for petitioner and have perused the copy of Khasra Girdawri annexed with this petition. The relevant entries in the Khasra Girdawri show that Allah Yar, Zulfiqar and Muzaffar sons of Muhammad Yar vendees/respondents herein were recorded in continuous cultivating possession of Khasra No, 4073 as tenants under Ghulam Muhammad since Kharif 1972 onward. The induction of the petitioner as tenant in Kharif 1974 would only show that on 22-11-1974, the petitioner was recorded as tenant. The sale transaction had admittedly taken place on 30-8- 1974 and there is nothing on the record to prove that the petitioner was in cultivating possession of the suit land as tenant on that day.
6. The finding of the learned Single Judge of the Lahore High Court that the petitioner was not tenant of the land in question on the day of sale, after appraising evidence on the record including relevant Khasra Girdawri is subject to no exception.
7. We can, therefore, find no legal basis for interference with the judgment of the High Court. Leave is refused.