Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Pre-emption Act (I of 1913)--S.15--Constitution of Pakistan (1973), Art. 185(3)--Pre-emption, right of--Pre­emption suit hit by the principle of sinker and improvement of status after sale transaction--Effect--Six persons claiming superior right of pre-emption filing pre­emption suit--Sale had been effected through registered sale-decd dated 13-6-1972--Pre-emption suit was filed on 12-6-1973--Father of two pre-emptors was alive at the time of sale but had died before the institution of suit by his heirs alongwith others--Although deceased was owner in the estate at the time of sale, his heirs did not possess such qualification--Two pre-emptors vii. heirs of deceased at the time of sale thus had no superior right of pre-emption--Such pre­emptors' case was rightly refused by Trial Court and First Appellate Court-­Remaining pre-emptors having joined with them such persons who were strangers, their case was hit by the principle of `sinker' and thus their suit was rightly dismissed by Trial Court and First Appellate Court--High Court's finding decreeing suit of pre-emptors was set aside. and suit was dismissed in circumstances. Azizur Rehman v. Muhammad Nawaz P L D 1988 S C 384; Muhammad Younas v. Khushal 1989 S C M R 69 and Abdul Khahq v. Abdul Gham P L D 1969 Lah. 249 rel. A.R. Sheikh, Senior Advocate Supresn a Court, Ch. Khalilur-Rehman, Senior Advocate Supreme. Court and Rana Maqbool Ahmad Qadri, Advocate­on-Record (absent) for Appellants. Bashir Ahmad Ansari, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 25th February, 1989. JUDGMENT ALI HUSSAIN QAZILBASH, J.--This appeal by right arises from the judgment and decree of a learned Single Judge of the Lahore High Court, Lahore, dated 3-12-1980. 2. Land measuring 438 Kanals alongwith electric motor, meter and house/haveli, a hand pump, situate in Mauza Kharal, tehsil Narowal, District Sialkot, was purchased by the appellants from an allottee under the Border Scheme through a registered sale-deed dated 13-6-1972 for an ostensible sum of Rs.1,00,000. The sale was pre-empted by Muhammad All and Barkat Ali, sons of Lal Din (for 1/2 to be shared by them…

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