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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ISMAIL VS Respondent: ABDUL MAJID
1988 S C M R 1586
1988 S C M R 1586
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ
ISMAIL and another‑‑Petitioners
versus
ABDUL MAJID‑‑Respondent
Civil Petition .No.396 of 1985, decided on 31st May, 198.8.
(Against the judgment and order of the Lahore High Court, Lahore, dated 17‑2‑1985 in R.S.A..No.296 of 1984):
Punjab Pre‑emotion Act (I of 1913)‑‑
‑‑‑Ss.15 & 21‑‑Pre‑emotion suit‑‑Superior right on ground of relationship with the vendor‑‑Pedigree‑table showing that pre‑emptor had relationship with vendor as claimed‑ ‑Pre‑emptor, held, proved his‑ relationship to establish superior right.
S.Abid Nawaz, Advocate‑on‑Record for Petitioners.
Ch. Muhammad Anwar, Advocate Supreme Court and Rana M.A.Qadri, Advocate‑ on‑Record for Respondent.
Date of hearing: 31st May, 1988.
JUDGMENT
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought. by the vendees/defendants in a pre‑emotion suit against the acceptance of Regular Second Appeal of the respondent whereby the decree granted in favour of the respondent, which was reversed by the first appellate Court, was restored by the High Court.
Learned counsel for the petitioners has contended that the pre‑emptor failed to establish his superior right of pre‑emotion because his relationship with the vendor which he relied upon was not established through the pedigree table produced by him in evidence. With the help of the learned counsel we have read the pedigree table referred to by him (at page 28 of the Paper Book). It shows that the pre‑emptor clearly succeeded in establishing his claimed relationship. That being so, there is no substance in this petition and the leave to appeal is refused.
M.B.A./I‑36/S Petition dismissed.