Law:

Section:

Superior right of Pre-emption-- ----Relationship of vendors and pre-emptors--Superior right of pre-emption on the basis of collaterals, joint owners--Documentary evidence--Contents of Pedigree tables were proved by oral evidence--Connection with each other--Proof of--Courts below correctly read the oral as well as documentary evidence--Held: Plaintiffs as well as vendors were connected with each other through ancestor--Appellants did not point out any misreading or non-reading of evidence. [P. 781] A Transfer of Property Act, 1882 (IV of 1882)-- ----S. 54--Constitution of Pakistan, 1973--Art. 185(3)--Leave to appeal--Acquiring of title--Sale without registration of sale-deed--Contentions--Applicability--In petty cases Supreme Court can refuse to decide even a question of law even if special leave is granted and can revoke the special leave which has been obtained by making false and misleading assertions in the petition but Supreme Court had not exercised discretions and have not gone into the issues--Appeal was dismissed. [P. 782] B Judgment M. Javed Buttar, J.--This appeal, by leave, is directed against the judgment dated 14.5.2001 passed by a learned Judge in Chambers of Lahore High Court, Bahawalpur Bench whereby Regular Second Appeal No. 36 of 1985/BWP, instituted by the deceased appellant Jan Muhammad, now represented by his legal representatives, was dismissed. 2. The relevant facts are that the predecessors of Respondents No. 1 to 12, instituted a suit for possession through pre-emption claiming superior right of pre-emption as being collaterals, joint owners in the khata and owners in the estate which was resisted by the deceased vendee/defendant Jan Muhammad on legal as well as factual grounds. The learned trial Court after framing necessary issues and recording evidence of the parties, vide its judgment and decree dated 18.7.1981, dismissed the suit. On Issue No. 2 qua the superior right of pre-emption, the only issue which has been agitated before us, it was found that plaintiffs were neither collaterals of the vendors nor owners in the village because purchases made by them through revenue mutations which evidenced oral sales in their favour, were…

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