Law:

Section:

North-West Frontier Province Pre-emption Act (XIV of 1950)----S.12--Constitution of Pakistan (1973), Art. 185(3)--Pinciple of sinker had rightly been applied against the alleged owners who joined strangers with them in the sale in suit--Suit of plaintiff, held was rightly decreed. ORDER USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners against the judgment of the Peshawar High Court, Circuit Bench, D.I. Khan, whereby civil revision of the petitioners was dismissed. Hafiz Ghulam Yasin respondent pre-empted the sale of 54 kanals 3 marlas of land situate in village Qazi Khokhar, Tehsil and District D.I. Khan in Khatas No.56/161 to 164, 56/1 and 94 on behalf of Saifullah vendor in favour of Muhammad Hassan, Muhammad Iqbal, Muhammad Imtiaz, Muhammad Bakhsh and Ghulam Muhammad, vide Mutation No.22 attested on 21-9-1978. The suit is mainly contested on the principle of sinker. It is also a fact that Saifullah vendor vide Mutation No.21 sold 21 kanals 5 marlas of land out of Khata No.56/164-165 to Muhammad lqbal, Muhammad lmtiaz, Muhammad Bakhsh and Ghulam Muhammad and vide Mutation No. 23 the said Saifullah sold his entire share in Khata No.56/162-163 to Muhammad Hassan, Muhammad lqbal and Muhammad Imtiaz. Hence vide Mutation No'1 Muhammad Ilassan is excluded from the suit khata and similarly vide Mutation…

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