| Citation(s) |
|---|
| 2013 SLG 737 2013 SLD 737 2013 CLC 839 |
Supreme Court (AJ&K)
Civil Appeal No.19 of 2006, decision dated: 1st October,2012. (On appeal from the judgment of the High Court, dated29-9-2005, in Civil Appeals Nos.136 and 137 of 2004)
MUHAMMAD AZAM KHAN, C.J., CH. MUHAMMAD IBRAHIM ZIA, RAJA SAEED AKRAM KHAN AND SARDAR MUHAMMAD SADIQ KHAN, JJ
Civil Appeal No.19 of 2006, decision dated: 1st October,2012. (On appeal from the judgment of the High Court, dated29-9-2005, in Civil Appeals Nos.136 and 137 of 2004)
MUHAMMAD AZAM KHAN, C.J., CH. MUHAMMAD IBRAHIM ZIA, RAJA SAEED AKRAM KHAN AND SARDAR MUHAMMAD SADIQ KHAN, JJ
Mst. SARDAR BEGUMvsREHMAT KHAN and 11 others
Law: Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K)
Section: 6,20A
Law: Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K)
Section: 6,20A
(a) Words and phrases-------"Right"---Meanings. Black's Law Dictionary (Sixth Edition) pp.1322 and 1323 ref. (b) Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)--- ----Ss. 6 & 20-A---Pre-emption suit---Improvement in status of vendee during pendency of suit by becoming co-sharer in suit land on basis of gift-deed---Validity---No right would accrue to vendee on basis of such improvement, which was not recognized by Islam and would not affect lawful right of prior purchase vested in pre-emptor under Azad Jammu and Kashmir Right of Prior Purchase Act, 1993---Such improvement was barred by S.20-A of the Act applicable to pending cases, thus, would not affect right of pre-emptor in suit---Suit was decreed in circumstances---Principles. Ghulam Farid and others v. Mehmood Akhtar and others PLD 2010 SC 608], Aqal Hussain v. Muhammad Aslam Khan PLD 2004 AJ&K 17; Muhammad Saleem Khan v. Mst. Muqarab Jan and another (Civil Appeal No.45 of 2008, decided on 3-5-2011; Statutory Construction, Interpretation of Laws by Crawford; Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187; Muhammad Rafique v. Federation of Pakistan through Secretary Law, Justice and Human Rights Division, Islamabad and another PLD 2005 Lah. 150; Eid Muhammad v. Khan Nazir Ahmed Khan and another PLD 1966 (W.P.) Lah. 1041; Mian Arif Iftikhar and others v. Commissioner Lahore Division and others PLD 1969 (W.P.) Lah. 53 and Fazal Dad v. Khadim Hussain and another 1995 MLD 1299 ref. Messrs Khaliq and Najam Company v. Sales-Tax Officer, B-Ward, Lahore and another PLD 1959 (W.P.) Lah. 915; Haji Rana Muhammad Shabbir Ahmed Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1; Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187; Mian Arif Iftikhar and others v. Commissioner Lahore Division and others PLD 1969 (W.P.) Lah. 53; Eid Muhammad v. Khan Nazir Ahmed Khan and another PLD 1966 (W.P.) Lah. 1041; Muhammad Rafique v. Federation of Pakistan through Secretary Law, Justice and Human Rights Division, Islamabad and another PLD 2005 Lah. 150; Fazal Dad v. Khadim Hussain another 1995 MLD 1299; Ghulam Muhammad v. Emperor AIR 1933 Lah. 481; Pandit Harbhargwan v. Sardar Partap Singh AIR 1938 Lah.…
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