Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--­S.15---Constitution of Pakistan (1973), Art. 185(3)---Suit for pre-emption filed by plaintiff on basis of relationship was decreed by all the Courts below including the High Court---Validity---Leave to appeal was granted to consider whether without tangible proof regarding relationship of vendors with predecessor of pre-emptors, his superior right of pre-emptor over land in question, could lawfully be accepted; whether appellate forums without making any comments or giving reasons, could lawfully reject appeals and disregard evidence available on record; whether documentary evidence showing glaring , difference about parentage of vendor or plaintiffs could be consciously ignored or omitted without assigning reasons; whether or not appellate forums were bound to thoroughly re-evaluate evidence brought on record and rectify defects of Trial Court; and whether or not conclusions of High Court were contradictory to conclusions in identical matter culminating in petition for leave to appeal in another case. (b) Punjab Pre-emption Act (I of 1913)--- ----S.15---Decree in suit for pre-emption as affirmed by the High Court--­Validity---Appellate forums had not thoroughly re-evaluated evidence on record and failed to rectify defects stated in of Trial Court- --Conclusions drawn by High Court were contradictory to its own finding in the matter which was brought before Supreme Court and was dismissed for non-prosecution by separate order---Material on record clearly indicated that predecessor-in-interest of plaintiffs had no superior right of pre-emption ---Impugned and decree passed by High Court was set aside and suit for pre-emption dismissed in circumstances. Pir Bakhsh represented by his legal heirs and others v. The Chairman, Allotment Committee and others PLD 1987 SC 145 ref. JUDGMENT CH. MUHAMMAD ARIF, J.---In this pre-emption matter leave was granted against the judgment, dated 30th July, 1996, passed by a learned Judge in Chambers of the Lahore High Court, Lahore in Regular Second Appeal No.223 of 1984. Leave grant order dated 26-I 1-1997, reads thus:-- "This petition is directed against judgment, dated 30th July, 1996…

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