Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 199 & 185---Land Reforms Regulation, 1972 [M.L.R. 1151, para.25(8)­--Constitutional jurisdiction, exercise of---High Court in exercising Constitutional jurisdiction does not act like a Court of appeal; it has to see as to whether orders brought before it for removal through judicial review suffered from any jurisdictional defect or patent illegality---Such a scrutiny has to be made on the strength of record annexed to the Constitutional petition--­Where some record was not summoned by the High Court that by itself in the circumstances of case was not fatal to impugned ---High Court's on question of fact and in concurrence with the s of Courts below was maintained in circumstances. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 15---Doctrine of sinker---Application of doctrine of sinker in pre-emption cases---Plaintiffs having associated with strangers (who had no right of pre­emption) in bringing suit for pre-emption were hit by the doctrine of sinker and had lost their right of pre-emption. JUDGMENT MUHAMMAD AFZAL LONE, J.---This appeal through leave to appeal has arisen out of a suit riled by the appellants against the respondents fur possession of the land in dispute, in exercise of their right of pre-emption on the ground that the land comprised on their tenancy. The suit was initially filed in the Civil Court and decree on 7-11-1975. On the vendees appeal, the Additional District Judge remanded the case to the trial Court on 12-5-1976 for decision afresh after framing an issue in respect of the appellants' superior right of pre-emption. After remand, in view of the conferment of exclusive jurisdiction on the Collector to entertain and hear suits for enforcement of right of pre-emption in respect of land comprised in the tenancy; the suit was transferred to the Assistant Collector/Collector Mailsi, who framed the additional issue, tried the same and on the basis of the evidence on the record came to the conclusion that only one of the pre-emptors was tenant in a portion of the land in the joint Khata, with which the other pre-emptors had no concern, and that none of them was in cultivating possession of the…

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