Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S. 15---Land Reforms Regulation, 1972 (M.L.R. 115), para. 25---Pre­emption suit---Doctrine of sinker---Applicability---Plaintiffs claimed preferential right of purchase while defendants resisted such claim on the ground that they were tenants of land in question---Plaintiffs, however, failed to take plea that defendants (vendees) having joined a stranger in purchase of land in question, their claim was to fail under doctrine of sinker---Fact that two of the defendants were tenants and not the third one as per Khasra Girdawari would carry no presumption of truth---Fact whether a person was tenant or not had to be established by the evidence on record---Neither plaintiffs had stated in plaint that defendants were not tenants of land in question, nor they were cross-examined on that point---Finding of Trial Court that plaintiffs had no preferential right thus, could not be set aside by the lower Appellate Court on a ground (sinker) which was never pleaded nor raised before Trial Court--­Judgment of the High Court to the effect that plaintiffs had no preferential right thus, called for no interference in circumstances. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 39---Khasra Girdwari carries no presumption of truth. (c) Punjab Pre-emption Act (I of 1913)--- ----S. 15---Right of pre-emption ---Pre-emption suit based on ground of being an owner in estate and co-sharer in the Khata---Defendants having purchased land in the same estate and Khata, which purchase was upheld by Courts, they would be entitled to retain the land and plaintiffs would have no preferential right against them. JUDGMENT ABDUL SHAKURUL SALAM J: --This order will dispose of two appeals by leave bearing Nos.1154 and 1155 of 1990. CA.No. 115490 1. Relevant facts are that the respondents purchased land measuring 45 Kanals and 18 Marlas situate in Mauza Goherwala, District Bhakkar through a registered sale-deed for a consideration of Rs. 15,000 on 9-8-1978. The appellant filed a suit for pre-emption on the ground of being an owner in the estate and co-sharer in the Khata. The respondents contested the suit on the ground that they were tenants of…

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