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Civil Procedure Code, 1908 (V of 1908)-- ----Ss. 100 & 101--Constitution of Pakistan, 1973, Art. 185(3)--Punjab Pre-emption Act, 1991, S. 15--Respondents filed suits for possession through pre-emption were decreed--First Appellate Court non-suited the pre-emptors holding that they had waived such right--Pre-emptors filed R.S.A. in High Court--Appeals allowed and decrees granted by trial Court restored--Held: Court of second appeal ought to have made a comparative assessment of reasons undertaken by two Courts flowing from the evidence on record--High Court is justified in appreciating the evidence in second appeal in order to determine as to which of the decisions of the Courts below is in accord with evidence on record--Participation in a transaction consists of numerous positive acts like playing an intermediary between the vendor and vendees--Mere presence of somebody during transaction is not at all inferable of positive participation in such transaction and positive relinquishment of right of pre-emption. [Pp. 142 & 143] A, B, C & D Judgment Sardar Muhammad Raza Khan, J.--Muhammad Tufail, Muhammad Hassan, Jehan Khan and Ali Hassan, appellants purchased 150 Kanals 10 marlas of land in Mauza Chandoor Tehsil Depalpur District Okara vide Mutation # 112 attested on 30.10.1972. Through another transaction they purchased 117 Kanals 18 Marlas of land in the same mauza vide Mutation # 113 attested on 24.1.1973. The amount of consideration in the first sale was Rs. 76,000/- while in the second sale it was Rs. 59,000/-. 2. Ghaus Muhammad Khan, Abbas Ali Khan, Ghulam Dastgir Khan and Ghulam Mohi-ud-Din Khan filed two separate suits for possession through pre-emption against the aforesaid transactions, on the ground of being co-sharers as well as owners in the estate which rights did not vest in the vendees. 3. Learned Senior Civil Judge Okara vide his judgment dated 17.3.1983 granted decrees in both the suits on payment of the respective amounts, holding that the pre-emptors had a superior right of pre-emption. The learned District Judge Okara vide his judgment dated 27.3.1985 accepted the appeals and non-suited the pre-emptors holding that though they had…

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