Case Details

Citation(s)
1982 SLG 848 1982 SLD 848 1982 PLD 568
Lahore High Court
Regular Second Appeal No. 105 of 1982, decided on 24th April 1982.
MUHAMMAD RYAS, J
Malik Muhammad Jaffar for Appellants

SULTAN MUHAMMAD AHD 3 others--Appellants

VS

NAWAB KHAN AND another ---Respondents

Law:

Section:

Punjab Pre-emption Act (I of 1913)- S. 15--Pre-emption suit-Doctrine of sinker-Land purchased by vendee not separable from that of his co-vendees and his precise share in sale price not known and hence sale not divisible-Held, vendees found .to be tenants and having associated with them a stranger, would be hit by doctrine of sinker. JUDGMENT The only question involved in this regular second appeal is with regard to the application of. doctrine of sinker to the pre-emption suit giving rise to this appeal. The land involved in the suit was purchased by four persons, namely, Sultan Muhammad, Ahmed. Khan, Muhammad Khan and Saadat Khan. Out of them Sultan Muhammad, Ahmed Khan and Muhammad Khan were held to be the tenants of the disputed land but this qualification was not possessed by Saadat Khan. He was found to be a stranger. By applying the doctrine of sinker, therefore, the suit was decreed against all of them. 2. It was contended by learned counsel for the appellants that the sale…
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