MUNIR A. SHEIKH, J.- A suit filed by the respondent to pre-empt the sale of land in dispute through mutation No. 1595 sanctioned on 29.3.1979 for a consideration of Rs. 30,000/- was decreed by the Trial Court through judgment dated 21.10.1985. Appeal filed by the petitioner was dismissed by the District Judge, Multan, against which civil revision filed by him before the High Court has also been dismissed through the impugned judgment dated 3.7.2000, against which leave is sought.
2. The right of pre-emption was claimed by the respondent being collateral of the vendor i.e. First paternal cousin, It was contested on the ground that the plaintiff was estopped from filing the suit as he had waived his right of pre-emption. No particulars were given about the fact, which according to the petitioner constituted waiver. However, when Muhammad Younas vendor appeared as PW-1 stated that before sale was made by him, he had himself offered the respondent- plaintiff to purchase the land who declined to do so due to pausity of funds. The petitioner while appearing as DW-2 stated that bargain was struck through the respondent- plaintiff but he declined to purchase the land. As has already been observed these necessary facts were not stated in the written statement of the petitioner and it appears that improvement was made to justify grounds of waiver by the vendor and the petitioner himself also.
3. All the three Courts below on proper and elaborate appraisal of evidence have recorded concurrent findings of facts that waiver of right of preemption in this case had not been proved.
The respondent was admittedly the first paternal cousin of the vendor, therefore, it was rightly held that he had superior right of pre-emption. These findings do not suffer from misreading or non- reading of any material piece of evidence on record to justify interference by this Court.
For the foregoing reasons, this petition has no merits which is accordingly dismissed and leave refused'