ALI MUHAMMAD Versus FAZEELAT BIBI

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by the vendees' side in a pre‑emption matter against the dismissal of their Civil Revision by the High Court.

2. Learned counsel for the petitioners has argued that the question of fact whether Mst. Fazeelat Bibi respondent‑pre‑emptor was a cousin of Rashid, the vendor in this case, has not been correctly decided. He has also cited the case of Shah Nawaz v. Nawab Khan P L D 1976 S C 767 to show that the question of relationship has to be decided in accordance with the interpretation by the Supreme Court of Section 50 of the Evidence Act.

3. We asked the learned counsel to take us through the evidence so as to examine whether any material fact has been ignored or a point of law remained unnoticed.

4. With his help, we also prepared a pedigree table. It is so short (only one generation above the persons in question is involved) that it was immediately discovered that there is direct evidence of personal knowledge of very close relationship and not of opinion (by conduct) expressed by any one on the relationship; that Rashid and Mst. Fazeelat are established as first cousins. After this exercise, the learned counsel was unable to pursue the petition any further. Leave to appeal accordingly is refused.

5. M.I./A‑256/S Petition dismissed.