Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984 -------Art. 64---Forming opinion by Court as to relationship of one person to another---Essentials---Evidence led by the parties to prove such relationship would be admissible only if such evidence qualified the criteria laid down in Art.64 of Qanun-e-Shahadat, 1984---Witnesses testifying about relationship must lay down the foundation of existence of their knowledge about the relationship on the basis of express conduct such as being the family member or other having special means of the knowledge or relationship e.g. friends of the family which must be founded upon the existence of their conduct with the family of whom the relationship was to be proved. (b) Punjab Pre-emption Act (IX of 1991)-- ----S. 6---Suit for pre-emption ---Superior right of pre-emption---Plaintiff claimed, superior right of pre-emption on the basis of being collateral of the vendor, but he could not prove his relationship with vendor by oral or documentary evidence---Witness got examined by plaintiff otherwise being interested person, could not elaborate the pedigree, but had merely stated that plaintiff's grandfather as also the grandfather of vendor were the real brothers and could not prove relationship with exactitude---Pedigree-table was also absolutely inadequate to prove that the plaintiff and the vendor were related---Suit was rightly dismissed. Rehman v. Noora through his Legal Heirs 1996 SCMR 300; Muhammad Naeem and others v. Ghulam Muhammad 1994 SCMR 559; Ahmed and others v. Allah Diwaya and others 1998 SCMR 386; Ghulam Muhammad and others v. Allah Yar and others PLD 1965 (W.P.) Lah. 482 and Shah Nawaz and others v. Nawab Khan PLD 1976 SC 767 ref. JUDGMENT Appellants/plaintiffs filed a suit, pre-empting the sale made in favour of the respondent-vendee claiming the superior right of the pre­emption, on the basis of being collateral of the vendor. In the plaint, the pedigree-table has been drawn showing Dasvandi, as a common ancestor of the plaintiffs and the vendor. This suit was contested by the respondent denying the right of pre-emption; issue of superior right of pre-emption was framed; the appellants produced pedigree-table Exh.P.1 and…

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