Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S. 15 --- Pre-emption suit --- Superior right of pre-emption was claimed on ground of being collateral of the vendor as owner in the estate and co-sharer in Khatas --- Proof --- Evidence of relationship would only be admissible if foundation of such evidence had been laid by the parties who called for its admission --- Recital of the pedigree-tables orally without laying any foundation therefore, would be inconsequential --- Ocular evidence appeared to be tutored one, had contradictions was vague, was different and biased --- Such evidence, therefore, suffered from infirmity of incompleteness. (b) Qanune-e-Shahadat (10 of 1984) --- ----- Art. 64 --- Relationships --- Proof --- Opinion expressed by conduct of any person who has special means of knowledge about the relationship is relevant. The requirement of Article 64 of the Qanune-e-Shahadat of 1984, corresponding to section 50 of the Repealed Evidence Act, is that when the Court has to form an opinion as to relationship of one person to another, the opinion expressed by conduct, as to the existence of such relationship of any person, who as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact. In fact it is the opinion expressed by conduct, of any person who has special means of knowledge about the relationship, which is relevant. (c) Punjab Pre-emption Act (I of 1913)---- ---- S. 15 --- Constitution of Pakistan (1973), Art. 185 --- Appeal to Supreme Court --- Question of fact --- Maintainability --- Question relating to claim of superior right by pre-emptor on the basis of collaterality as also co-ownership and tenancy rights of the other party, being a pure question of fact based on proper appreciation of evidence maintained in appeal by the High Court, could not be upset by Supreme Court in appeal. (d) Punjab Pre-emption Act (I of 1913)---- -----S. 15 --- Constitution of Pakistan (1973), Art. 185---.Appeal to Supreme Court --- Question of fact --- Allegation was that pre-emtpor/appellant was actually seeking to pre-empt the land not for his benefit but for the benefit of others and that the suit had been brought…

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