1. ABDUL KADIR SHAIKH, J.-Respondents 1 and 2 filed a pre-emption suit against the. Petitioner and respondents 3 to 12 on the ground that they have superior right of pre-emption than the defendants. The trial Court found that the plaintiffs were the owners of the estate, and none of the vendees except for Mangta, petitioner herein, was an owner of the estate and he having associated the other ten vendees with him had lost the superiority of his right. On this view of the case, the trial Judge decreed the suit in plaintiff's favour. These findings were upheld by the Additional District Judge, Sialkot on appeal and also the Lahore High Court in second appeal, and the petitioner now seeks special leave to appeal.
2. Mr. Shaikh Abdul Mannan, learned counsel for the petitioner submits that the transaction of sale was divisible as the shares of the vendees were specifically mentioned is the sale-deed and the transaction in petitioner's favour could be separated.
3. Learned counsel, however, admits that no evidence was produced that payment of price was made by the various vendees in specified amounts. There can, therefore, be no presumption as to the divisibility of the transaction, as held by this Court in Abdullah v. Abdul Karim PLD 1968SC140, merely on the basis of the recital in the deed that the vendees took the property in specified shares, if the consideration is paid in a lump sum.
4. The view of the Courts below is in full accord with the rule laid down by this Court and there is, therefore, no merit in the argument advanced in support of this petition.
5. It is accordingly dismissed in limine.