| Citation(s) |
|---|
| 1991 SLG 754 1991 SLD 754 1991 SCMR 30 |
Supreme Court of Pakistan
Civil Petition No.269 of 1990, decision dated: 26-06-1990 (Against the judgment dated 9-10-1989 of the Lahore High Court, Multan Bench in R.SA. No.29 of 1974)
NASIM HASAN SHAH AND ABDUL HAFEEZ MEMON, JJ
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Civil Petition No.269 of 1990, decision dated: 26-06-1990 (Against the judgment dated 9-10-1989 of the Lahore High Court, Multan Bench in R.SA. No.29 of 1974)
NASIM HASAN SHAH AND ABDUL HAFEEZ MEMON, JJ
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GHULAM HUSSAIN and others
GHULAM ASGHAR (DECEASED) REPRESENTED BY HIS LEGAL HEIRS MUHAMMAD AZAM KHAN and others
Law:
Section:
Punjab Pre-emption Act (I of 1913)---S.15--Law Reforms Regulation (1972), [M.L.R. 115], para. 25--Constitution of Pakistan (1973), Art.185(3)--Pre:-emption suit--"Sinker", rule of--Where a vendee having an equal superior right of pre-emption had associated with himself a stranger i.e., a person having inferior right of pre-emption than the pre-emptor, rule of "Sinker" would apply and suit be decreed unless sale in question was divisible--Such condition having not been fulfilled, vendee's petition for leave to appeal was dismissed. ORDER NASIM HASAN SHAH, J.--Out of the vendees only Mir Muhammad was a tenant whereas the remaining 3 co-vendees namely Ghulam Hussain, Muhammad Ali and Atta Muhammad were not tenants and strangers in so far as the question of pre-empting the sale was concerned. Hence the Courts below held rightly…
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