Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Punjab Pre-emption Act (I of 1913)

Section: 15, 30

(a) Civil Procedure Code (V of 1908) S. 100Second appealquestion lawPlea raised by appellant, that respondent's suit could not be decreed on ground other that one taken by him in plaintHeld, involves a question of law and can be entertained and adjudicated upon in second appeal [Question of law]. (b) Preemption  Suit forPreemption in plaint claimed on ground of being cosharer of khata containing disputed landclaim for preemption on ground of being owner of estate pleaded at argument stage can not be allowed. Zera Singh v. Jagta Singh and another 1917 P R 83; Shah Muhammad and others v. Hayat and others P L D 1960 Lahore 975 and Sher Zaman v. Gul Zaman and another P L D 1971 Azad J & If 101 ref. (c) Punjab Preemption Act (I of 1913)  S. 15Son of vendor.Held, has a superior right of preemption as compared to that of a cosharer in kh4ta containing load in dispute. (d) Preemption  Doctrine of "sinker"Application. Doctrine of sinker Application. According to the doctrine of sinker if a person possessing one of the qualification for pre empting a sale purchases any property together with a person having none of those qualifications or having a qualification inferior to the one possessed by the former, the former also, if the sate. is indivisible, sinks to the position of the latter and any person Pre empting the sale on the basis of a qualification superior to the qualifi cation, if any, possessed by the latter, though inferior to that of the former, will take the property in preference to both of them; but if the sale is divisible, the preemptor will succeed only to tire extent of the share of the latter. (e) Preemption Doctrine of "sinker"Divisibility of saleNo indication in mutation as to shares contributed by vendees towards sale price of disputed landHeld, such sale cannot be said to be divisible. Abdullah and 3 others v. Abdul Karim and others P L D 1968 S C 140 fol. Ahmed Din v. SirajulDin and others P L D 1974 Azad J & K 26 cited but not examined. Maghi v. Narain and others 1914 P R 18 and Ram Nath and others v. Badri Narain and others I L R 19 A11. 1.18 ;,f, (f) Punjab Preemption Act (I of 1913) S. 30 read with…