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Punjab Pre-emption Act (I of 1913)-------S.15---Pre-emption suit---Decree by Trial Court on basis of plaintiffs having superior right on strength of pedigree-table---Appellate Court dismissed suit on sole ground that none of plaintiffs appeared in witness-box to corroborate averments made in plaint---Validity---Defendant in his cross-examination had admitted relationship of vendor with plaintiffs and had further admitted that defendants (vendees) were in no way related to vendor---Evidence of defendant had fulfilled requirement that pedigree-table in question, related to plaintiffs--­Finding of relationship in favour of plaintiffs, however, could be rendered on the strength of statement of defendant alone---Plaintiffs having admitted value of land as claimed by defendants, controversy on issue of value/price of land would come to an end---Judgment of Appellate Court in dismissing plaintiff's suit was set aside while that of Trial Court decreeing plaintiff's suit was restored in circumstances. Muhammad Hussain v. Muhammad Khan 1989 SCMR 1026 and Muhammad Naeem and others v. Ghulam Muhammad and others 1994 SCMR 559 ref. JUDGMENT One Ali Muhammad sold land measuring 16 Kanals in favour of respondents vide Mutation No.55, dated 5--8-1980 for an ostensible price of Rs.30,000. On 30-7-1981, petitioners filed a suit for possession of the land through the exercise of their superior right of pre-emption on the ground that the petitioners were collaterals of the vendor as also the owners in estate. The claim was contested. Issues were framed. Evidence of both the parties was recorded. Vide judgment dated 14-2-1985, the Trial Court decreed the petitioners' suit, but on the question of price (Issues Nos.4 and 5), the Trial Court accepted the report of the Local Commissioner and fixed the same as Rs.17,400 as against Rs.10,000 pleaded by the petitioners to be the actual price. Against the decree, respondent-vendees filed an appeal which was allowed on 8-10-1985. The Appellate Court reversed the findings on the issue of superior right (issue No.3) as well as the price (Issues Nos.4 and 5), but apparently did not give its own findings on the issues. It dismissed the suit. By…

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