' SAAD SAOOD JAN, J.---This petition for special leave to appeal arises out of a suit filed by the respondent against the petitioner for the specific performance of a contract for the sale of agricultural land. It was decreed by the trial Court. The petitioner's appeal before the Additional District Judge and the revision petition before the High Court failed. She now seeks leave to appeal from this Court.
2. The only contention raised in support of this petition is that the land in dispute was under litigation in a pre-emption suit which was still pending and that during the pendency of the said suit the respondent's claim for specific performance of the agreement could not be allowed.
3. This contention is entirely without merit and is against the petitioner's own pleadings. She had clearly stated in her written statement that the preemption suit had since been decided. In the circumstances, the petitioner cannot be allowed to take a plea which is opposed to her pleadings.
4. Learned counsel for the petitioners also contended that there was no agreement for the sale of land between the parties. This plea which raises a factual controversy was not taken up by her before the High Court. We are not prepared to permit her to raise it before us. Leave is refused.