Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-----Ss. 3, 6 & 13---Suit for pre-emption ---Superior right of pre-emption--­Making of Talbs---Four pre-emptors who filed suit for pre-emption were found having superior right by Trial Court and said finding of Trial Court had neither been challenged by the defendants in appeal nor by filing cross appeal nor verbally and same remained intact---Two of the pre-emptors had withdrawn from contesting suit and other two remained in field---Said two pre-emptors who had not withdrawn from the suit, could not be non ­suited on the ground that pre-emptors, who had withdrawn from contesting suit, had failed to establish the Talbs, though having right of pre-emption. (b) Punjab Pre-emption Act (IX of 1991)----- ----Ss. 3, 6 & 13---Suit for pre-emption ---Doctrine of sinker, applicability of---Provision of S.3, Punjab Pre-emption Act, 1991, provided that if there were more than one pre-emptors and any one of them had failed to prove the `Talbs', but otherwise, had a right of pre-emption, it was he who would be non-suited and case would proceed for remaining plaintiffs as if the pre-emptor failing to establish the Talbs was not a party to the proceedings---If, however, a co-plaintiff had no right of pre-emption, irrespective of the fact whether he had made and proved the Talbs, the principle of `Sinker' would apply and the other plaintiff would also suffer entailing dismissal of their suit on account of joining alongwith them a stranger to the cause. (c) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 3, 6 & 13---Civil Procedure Code (V of 1908), S.115---Suit for pre­emption ---Making of Talbs---Only one of the two plaintiffs had appeared as his own witness to state about making of Talb-e-Muwathibat, but such statement was not corroborated by any witness and as such the same had rightly been disbelieved by two Courts below---In absence of misreading or non-reading of evidence on record, case was not fit for interference in revisional jurisdiction by High Court as far as finding of Courts below on issue of Talb-e-Muwathibat, was concerned---When plaintiffs had failed to prove Talb-e-Muwathibat, making or otherwise of valid…

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