Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S.15---Constitution â-žf Pakistan (1973), Art.185(3)---Doctrine of sinker--­Applicability in Punjab---Suit for pre-emption ---High Court in revision, on the application of rule of sinker had decreed suit for pre-emption against vendee--­Vendee's plea was that rule of sinker was not applicable to the Province of Punjab, thus of High Court merited to be set aside---Supreme Court in Maula Bakhsh's case reported as P L D 1989 S C 278 and in Muhammad Ismail's case reported as P L D 1989 S C 47-t had laid down the law that rule of sinker was applicable in the Punjab---High Court thus decided the case correctly on the application of rule of sinker---Leave to appeal was refused. Maula Bakhsh v. Muhammad Sharif PLD 1989 SC 278 and Muhammad Ismail and others v. Karamat Ali PLD 1989 SC 474 rel. (b) Civil Procedure Code (V of 1908)-- ----S.115---Limitation Act (IX of 1908), S.14---Constitution of Pakistan (1973). Art.173---Revision, filing of---Question of limitation ---Vendee's contention that revision filed by pre-emptor in High Court was barred by limitation--High Court adequately dealt with question of limitation and having relied on the ratio laid down by Supreme Court in Manager, Jammu and Kashmir Property in Pakistan v. Khuda Yar reported as P L D 1975 S C 678, also took note of the beneficial provisions contained in S.14, Limitation Act, 1908, and thereby repelled the bar of limitation and even of laches raised from vendee's side---Leave to appeal was refused in circumstances. Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar PLD 1975 SC 678 rel. ORDER MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought by the defendants/vendees in a suit for pre-emption against the acceptance by the High Court of the respondent/pre-emptor's civil revision. The petitioners/vendees have lost the case on account of the application of the rule of sinker. As stated by the learned counsel although Sajawal Khan petitioner/vendee could successfully compete with respondent/pre-emptor as he had also the right of pre-emption the other two vendees/petitioners, namely,…

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