Law: Punjab Pre-emption Act, 1913

Section: 15,8

Law: Evidence Act, (1 of 1872)

Section: 50

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (I of 1913)--   ---S.15--Evidence Act (I of 1872). S.50--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal--Right of pre-emption- -Relation­ship of petitioner with vendors--Proof of--Leave to appeal granted to consider contention that evidence produced by petitioner to show his relationship with vendors was prodded by relatives who were in a position to depose about the matter and respondents witnesses not denying said relationship, High Court was not right in discarding testimony of petitioners witnesses as unconvincing and in holding that said testimony was inadmissible under S.50 of the Evidence Act.   Haji Ilahi Bakhsh v. Mst.Nawab Bibi P L D 1966 Lah. 664 ref.   (b) Punjab Pre-emption Act (I of 1913)--         --S.8--Constitution of Pakistan (1973), Art.185(3)--Right of pre­ emption-Exemption from pre-emption- -Effect of--Notification pending suits--Leave to appeal granted to consider plea that notification issued during pendency of suit could not take away the right of pre-emption which already stood vested in petitioner.   Sardar Mohinder Singh v . Arur Singh A I R 1922 Lah. 344 ref. ORDER SAAD SAOOD JAN, J.--The petitioner filed a pre-emption suit in respect of the sale of agricultural land measuring 52 kanals and 4 marlas which was made by two brothers, namely Fazal Ali and Abdul Aziz, in favour of the respondents. The petitioner based his superior right on the assertion that he was the son of Fazal Ali and a nephew of Abdul Aziz. The trial Court dismissed the suit on the ground that he had not been able to establish his relationship with the two vendors. The petitioner filed an appeal before the Additional District Judge who reappraised the evidence and came to a contrary conclusion; accordingly, he accepted the appeal and remanded the suit for determination of purchase price. The respondents went in appeal before the High Court. 2. While the appeal was pending in the High Court, the respondents moved an application for the amendment of their written statement in order to take the plea that they were covered by a notification issued under section 8(2), Punjab Pre-emption…

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