Law:

Section:

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK)-------Ss. 4 & 6---Civil Procedure Code (V of 1908), O.VII, R.7 & O.XX, R.5---Suit for pre-emption---Right of prior purchase---Decision on each issue---Scope---Suit was dismissed on the ground that plaintiff did not seek possession of suit land---Validity---Plaintiff was dispossessed from the land in question during pendency of suit---No issue on the point of possession was framed by the Trial Court---Application for addition of words "recovery of possession" in the title and prayer clause of plaint was filed by the plaintiff but same was dismissed without any reasons---Formal amendment in the plaint was not necessary as facts were not disputed---Court was bound to administer law for the ends of justice to protect statutory rights of pre-emptor---Discretion was vested with the court in such circumstances to be exercised judicially to avoid multiplicity of proceedings and to shorten litigation---Court of law was competent to grant a relief not specifically prayed for or it might grant relief on the ground other than one relied upon in the plaint provided same was not inconsistent with the plaintiff's case and there was no element of surprise to his adversary---Relief could be moulded by the court of law and subsequent events could be taken into consideration at the time of decision---Plaintiff, in the present case, had solicited decree for right of prior purchase on the enlisted grounds which were proved by him and he had also prayed for any other further relief to which he might be found entitled to ---Relief for possession was not inconsistent with the case set up by the plaintiff---Courts below were bound to attend the altered circumstances and mould the decree to do complete justice---Judgments and decrees of courts below were against codal provisions and were not sustainable---Impugned s and decrees were set aside and suit of plaintiff was decreed subject to deposit of amount of sale consideration---Appeal was accepted in circumstances. AIR 1960 Patna 452; Mst. Salma Abbasi and others v. Ahmed Suleman and 2 others 1981 CLC 462; Mehrab Khan v. Province of Sindh and 5 others 2005 CLC 441 and…

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