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Regular Second Appeal No. 713 of 1979, decided on 26th November 1979.
‑‑ S. 50‑Relationship between vendee and vendor‑Proof‑Appel lant contesting suit for possession of land through pre‑emption on ground of collateral relationship with vendor‑ Appellant's witnesses only narrating pedigree‑table‑Such evidence, held, not in conformity with provisions of S. 50‑One witness admitting pedigree‑table to have been disclosed to him by his father to prove relationships‑Both Courts below, held further, rightly rejected such evidence.‑[Pre emption].
Haji Ilahl Bakhsh and others v. Mst. Nawab Bibi and others P L D 1966 Lah. 654 ; Ghulam Muhammad and another v. Allah Yar and others P L D 1965 Lah. 482 and Shah Nawaz and others v. Nawab Khan P L D 1976 S C 767 ref.
-----S. 100‑Second appeal‑ Question of fact‑Suit for pro‑emp tion‑Question whether defendant's right superior‑Pure question of fact‑Finding based on proper appreciation of evidence, held, cannot be upset in second appeal.‑[Question of fact ‑Pre‑emption].
Ch. Muhammad Hayar for Appellant.
Altaf Hussain for Respondent.
Date of hearing : 26th November, 1979.
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