Law:

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Punjab Pre-emption Act (I of 1913)--S.15--Constitution of Pakistan (1973), Art.185(3)--Evidence--Status of witnesses compared to quality of evidence--First Appellate Court, on question of relationship of plaintiff with the vendor, had been guided more by the low status of witnesses in life than by the quality of evidence given by them which was an obvious mistake and a misdirection--High Court by restoring Trial Court's finding and setting aside that of First Appellate Court after re-appraisal of evidence had committed no error of law or fact warranting any further consideration--Leave to appeal declined. Madan Gopal and 4 others v. Maran Bepari and 3 others P L D 1969 S C 617; -Ghulam Muhammad and another v. Allah Yar and others P L D 1965 Lah. 482 and Rokkam Lakshmi Reddi and another v. Rokkam Venkata Reddi and others A I R 1937 P C 201 ref. -Kh. Muhammad Farooq, Advocate Supreme Court and Ch. Akhtar Ali; Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 26th November, 1988. JUDGMENT SHAFIUR RAHMAN, J.--The petitioner was a pre-emptor in a civil suit who seeks leave to appeal against the judgment of the Lahore High Court dated 2nd of April, 1986 whereby the claim of Ahmed Din, respondent No.l, a rival pre­emptor was preferred in second appeal restoring thereby the judgment of the trial Court and setting aside that of the first appellate Court. The claim of respondent No.1 was based on plea that he was a heir of the vendor Boota while the petitioner was not possessed of any such right. The trial Court disposed of the question of relationship by observing as follows:- "Vendor Boota has been examined as P.W.3. He corroborated his relationship with the pre-emptor. The defendant as already stated has made a crude attempt to falsify her. Bhari was not mother of Boota vendor. No better evidence than Boota can come on record. According to that the vendor is a collateral of the pre-emptor and vica versa. P/4 Jamabandi 1963-64 shows that the pre-emptor and vendor are co-sharer in the Patti. They are co-sharer as well." The appellate Court reversed the finding on the ground that "there is no documentary evidence to make out that Mst. Bhari was…

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