SAAD SAOOD JAN, J.---This is a petition for special leave to appeal from the judgment of the Lahore High Court, whereby the revision petition filed by the petitioner from the judgment of the Additional District Judge, Faisalabad, affirming the judgment of Civil Judge, Samundri, in a pre- emption suit, was dismissed.
2. Allah Bakhsh, predecessor-in-interest of the petitioners purchased 7 Kanals and 8 Marlas of agricultural land situate in Chak No.514/GB, Tehsil Samundri, from one Abdul Qadir and some others by a registered deed dated 7-2-1981. The respondent, Allah Bakhsh, brought a suit for pre- emption. He based his preferential right mainly on the ground that he was a collateral of the vendors. The suit was resisted by the petitioners who inter alia alleged that the respondent had waived his preferential right. The trial Court rejected the said plea and decreed the suit. Its decree was affirmed in first appeal by the Additional District Judge and the High Court declined to interfere with it in revisional jurisdiction. The petitioners now seek leave to appeal from this Court.
3. The main contention on behalf of the petitioners is that before purchasing the land they had made an offer to Allah Bakhsh to by the same but he declined to accept the offer on the ground that he was short of funds. It is to be noticed that the question whether any offer was made to the pre-emptor was one of fact. When he appeared in the witness-box he was not confronted with the details of the offer allegedly made to him; thus he was not asked about the person or persons who made the offer. He was also not questioned about the 1 place or the occasion where or when the offer was made. Quite obviously, it was a trumped up plea. The Courts below were, therefore, justified in holding that it had in substance. We would accordingly refuse to grant leave to appeal to the l petitioners.