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Petitioner: GHULAM HUSSAIN And Others VS Respondent: GHULAM ASGHAR (DECEASED) REPRESENTED BY HIS LEGAL HEIRS MUHAMMAD AZAM KHAN And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Abdul Hafeez Memon Title:GHULAM HUSSAIN And Others vs GHULAM ASGHAR (DECEASED) REPRESENTED
BY HIS LEGAL HEIRS MUHAMMAD AZAM KHAN And Other Case No.: Civil Petition No.269 of 1990 Date of Judgment:1990-06-26 Reported As: 1991 SCMR 30 Result: Leave refused Judgment 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 so, that the principle of "sinker" applied. This Court has also recently, while disposing of Civil Appeals Nos.10/83, 20/83, 45/85, 103/85, 337/85, 365/85 and 218/86, held "that in pre-emption suits where a vendee having an equal superior right of pre-emption associates a stranger i.e. a person having an inferior right of pre-emption than the pre-emptor, the rule of sinker will apply and the suit decreed unless the impugned sale is divisible i.e. It is a sale wherein not only the share of each vendee is specified but the amount paid towards the price by each vendee is also specified." These conditions were not fulfilled in this case by the pre-emptors. Dismissed.