Law:

Section:

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)-------Ss. 14, 20-A & 21-A [as added by Azad Jammu and Kashmir Right of Prior Purchase (Amendment) Act, 1993]---Suit for pre-emption--­Improvement in status of vendee ---Vendee had become a co-sharer in suit land by way of getting a gift-deed executed in his favour before the institution of suit by pre-emptor ---Vendee having improved his status before institution of suit, contention that suit should have been decreed irrespective of the said improvement was repelled because plaintiff could not show that there was any recognised principle in Islamic Law that an improvement in the status of the vendee before the institution of the pre-emption suit would not affect the right of pre-emptor. Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab `Province, Lahore PLD 1994 SC 1 and Fazal Dad v. Khadim Hussain 1995 MLD.1299 ref. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.--- This appeal has been directed against the judgment and decree of the High Court, dated 17-3-2000, whereby the appeal filed by the, plaintiff-appellant was dismissed. 2. The brief facts of the case are that pro forma respondents Nos.2 to 6 sold land measuring 1.7 Kanals, 6 Marlas and 1 Sarsahi to Muhammad Khaliq, respondent No. 1, vide registered sale-deed, dated 6-12-1994 for a consideration of rupees ten lacs. The plaintiff/appellant brought a pre­emption suit which was partly decreed by the trial Court to the extent of land measuring 1 Kanal and 4 Sarsahts, comprising Survey Nos.351 and 352, while dismissed the same for remaining land on the ground that vendee defendant No. l had improved his status by transfer of the land in his favour from the relevant survey numbers by obtaining two gift-deeds, dated 11-2-1995 and 3-11-1996, i.e., one before the institution while other after the institution of the suit. The appellant, herein, filed appeals first to the District Judge and then to the High Court contending that after the amendments brought in section 14 of the Right of Prior Purchase Act and introduction of section 21-A by promulgating an Ordinance, the improvement of title by the vendee would not defeat the right of the…

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