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Petitioner: Mst. BAKHTO Through Legal Heirs VS Respondent: BAGH ALI
Court Name: Lahore High Court Judge(s): Ch. Amjad Khan Title: Mst. BAKHTO Through Legal Heirs vs BAGH ALI Case No.: Regular Second Appeal No. 493 of 1969 Date of Judgment:1989-03-05 Reported As: 1989 MLD 4128 Result: Appeal dismissed
JUDGMENT
JUDGMENT Trial Court's pre-emption decree dated 15-4-1969, upholding the respondent-plaintiffs claim as a collateral heir in the male-line of ascent of the vendor having been affirmed in the appeal below is not liable to be reversed upon the admission of the relationship of the vendee-appellant as a daughter of the vendor's sister because, being only a distant-kindred, she stands excluded from the inheritance of the vendor by the plaintiff who has been concurrently held to be the heir of residuary class. The situation will not improve for her even upon her being admitted to be a co- sharer of the suit-land because the right of pre---emption once lost in an order of higher preference would not be capable of being re-invested on account of an additionally possessed lesser qualification. 2. Decrees passed by the two Courts below do not suffer from any error of law or jurisdiction and are unexceptionable on the record. There is no case at all made out for interference, and hence, this appeal fails. The same is accordingly dismissed. Costs hereof are, however, left to be borne by the parties themselves. H.B.T./B-128/L