Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------Ss. 4, 15 & 21---Suit for pre-emption ---Superior right of pre­emption ---Principle of "sinker", applicability of---Suit by plaintiff claiming to be co-sharers and owners of estate in locality, was resisted by defendants/vendees on the ground that they being tenants of suit-land at the time of sale thereof, had preferential right of pre­emption as against the plaintiff---In one of the Jamabandis out of thirteen vendees, twelve were recorded as tenants in suit-land while thirteenth was not recorded as tenant and in another Jamabandi only three of them were recorded as tenants ---Defendants/vendees having joined strangers with them, they were hit by principle of "sinker" and could not claim any competitive right of pre-emption as against plaintiffs, especially when defendants could not prove that sale was divisible. 1993 SCMR 1486; 1998 CLC 1935; PLD 1968 SC 140 and 199SCMR 1419 ref, (b) Punjab Pre-emption Act (I of 1913 --- Ss. 4, 15(c), thirdly & 21---Suit or pre-emption Superior right of pre-emption ---Suit was resisted by defendants alleging that land purchased by plaintiffs on basis of which plaintiffs had claimed superior right of pre-emption, being not assessed to land revenue, could not clothe plaintiffs with a status of owner in estate and they could not claim superior right of pre-emption---Contention of defendant was repelled because it was not always necessary that agricultural land must be assessed to land revenue---In some eventualities a particular area might ,not be under assessment for any reason for a particular period or under S.56-A of West Pakistan Land Revenue Act, 1967 some land could be exempted from land revenue---Two big chunks of land purchased by plaintiffs in village by no stretch of reasoning could be said to be non­agricultural land as no evidence was on record that said land was being used for any purpose other than agricultural---If a land was assessed, to land revenue, but was ultimately being used for a non-agricultural purpose and had lost its agricultural character and was so established on record; person owning such land would not be entitled to a right of pre­emption ---As…

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