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

Section: 4

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Ad (I of 1913)----- S. 4 --- Constitution of Pakistan (1973), Art. 185(3) --- Principle of sinker--� Leave to appeal was granted to consider contentions that sale was not of land/immovable property but of the rights under the decree; that land covered by decree was separately described and assigned to set of vendees having right of pre-emption and another to stranger; that -the share was so specified as to make proportionate price of the land capable of reckoning and therefore the principle of sinker did not apply.(b) Punjab Pre-emption Act (I of 1913)----- S. 4 --- Power of Court to determine the real or substantial nature of the alienation --- Principle --- Form of transaction was not material but the Court has to determine if the transaction amounted to a sale in fact, then notwithstanding its form the right of pre-emption would come into operation --- When decree holder had already acquired title in the land by virtue of the payment of pre-emption money apparently he was transferring the right in land through the transaction� Whether the possession was not immediately transferred, or was to be obtained by means of execution proceedings, would not have a material bearing on the nature of the transaction as a sale in respect of agricultural land --- Once it was found that the transaction effected a transfer of a right in land, it would follow that any right arising out of such sale of land in favour of a third party would automatically flow from such transaction --- Rule of sinker --- Application.In the present case the sale transaction in suit had taken place after the vendor (decree-holder in the previous suit) had already deposited the pre�emption amount in Court.The principle underlying section 4 of the Punjab Pre-emption Act, whereby the power of the Court to determine the real or substantial nature of the alienation whether it was a sale or not, recognizes that the form of the transaction is not material but the Court has to determine if the transaction amounts to a sale in fact, then notwithstanding its form the right of pre-emption will come into operation. What the appellants were purchasing was not a mere paper decree or…