Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S. 15---Evidence Act (I of 1872), S.50---Civil Procedure Code (V of 1908), O.VIII, R.1---Suit for pre-emption---Superior right of pre-emption on basis of Yakjaddi and Shareek Khata---Pedigree-table, proof of relationship---Words "it is incorrect" used iii written statement---Significance---Insufficiency of concept of positive denial, in such words highlighted---Contention of defendant was that pedigree-table without any other corroborative evidence satisfying the requirement of S.50 of Evidence Act, 1872 was not sufficient to prove that pre-emptor was collateral of vendor---Plaintiff's claim of superior pre-emption right was not specifically refuted by defendant/vendee in written statement---Words "that it is incorrect" were not sufficient to constitute the denial of relationship---Plaintiff's deposition on oath with respect of relationship having not been crossexamined by defendant, it was deemed to be admitted---Statement of witness that before impugned sale an offer was made to plaintiff for purchase of land but same was refused by plaintiff showed that superior right of plaintiff did exist---Waiver under Punjab Pre-emption Act, 1913 had to be proved through cogent evidence and by a mere advertisement in newspaper same could not be established---No objection was raised at the time when pedigree-table was brought on record into evidence and relationship of plaintiff with. vendors was not contested by vendee, therefore, objection of proof in consonance with provision of S.50 of Evidence Act, 1872 had no significance---Display of minor legal heirs of deceased vendee as major was merely an irregularity which was curable and caused no prejudice to the other party. Mian Khan v. Abdul Aziz PLD 2002 Lah. 159 and Rchman v. Noora through his Legal Heirs 1996 SCMR 300 ref. Sh. Karimuddin for Appellant. Sajjad Hussain Khan Kanju for Respondent. Date of hearing: 5th December, 2005. JUDGMENT SH. HAKIM ALI, J.--- A decree of pre-emption, passed under old law of pre-emption i.e. the Punjab Pre-emption Act, 1913, has been challenged through the instant regular second appeal. 2. Facts in brief are that one Makhdoom Manzoor Ahmad Shah…

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