' SAAD SAOOD JAN, J.---This petition for special leave to appeal arises out of a suit for pre-emption which has been dismissed by the Lahore High Court, Bahawalpur Bench, after reversing the judgments of the District Judge, Bahawalpur and Civil Judge, Hasilpur.
2. By a registered deed dated 3-1-1975 Mst. Kaniz Fatima sold 4 Kanals of land situate in Village Khairpur Tamewali, Tehsil Hasilpur, for a sum of Rs,20,000 to the respondent. On 29-9-1975 the petitioner who was her son brought a suit for pre-emption. The suit was resisted by the respondent on a number of grounds. However, the ground that is now material was to the effect that the suit land had ceased to be agricultural in nature and had assumed the character of urban immovable property. The trial Court rejected this ground and decreed the petitioner's suit. In first appeal the District Judge affirmed the finding of the trial Court. However, in second appeal, the High Court reversed the concurrent findings of the Courts below and found substance in the ground in question; accordingly, it set aside the judgments of the subordinate Courts and dismissed the suit of the petitioner. From the judgment of the High Court the petitioner seeks leave to appeal from this Court.
3. In support of this petition it is contended that the question whether the land in dispute had lost its agricultural character and assumed the complexion of urban immovable property was one of fact as the decision on this question rested entirely upon appreciation of the evidence led by the parties. The two subordinate Courts had concurrently held after appraisal of the evidence that the land in dispute continued to be agricultural in nature. It was not open to the High Court to interfere with their finding in second appeal. Apart from that it was admitted by the respondent's own witness, Muhammad Iqbal (D.W.7): {{URDU TEXT}} ' In view of this admission the High Court ought not to have disturbed the finding of the subordinate Courts which was otherwise well-founded.
4. The contention raised in support of this petition needs examination. Leave to appeal is granted.