Law: Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K)

Section: 4,6,20A

(a) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK)--- ----Ss. 4, 6 & 20-A---Suit for right of prior purchase (pre-emption)---Requirements---Improvement in the status of vendee---Scope---Pre-emptor should be in possession of right of prior purchase at three stages i.e. at the time of sale, institution of suit and the date of decree---Exchange deed and mutation executed in favour of vendee after institution of suit were not permissible under the law---Improvement in the status of vendee after institution of suit would not affect the right of pre-emptor---Appellate Court had failed to consider the controversy in accordance with law while holding that defendant had preferential right viz-a-viz to the plaintiff---Appreciation of evidence was the responsibility of the court which was lacking in the present case---Documentary evidence had been misread by the Appellate Court---Vendee had failed to prove that improvement in his status was prior to institution of suit---Preferential right could not be claimed on the basis of document obtained for improvement of status of vendee during pendency of the lis---Pre-emptor, in the present case, had been a co-sharer in the suit land on all the three stages and it could not be said that he was not entitled to a decree for possession on the basis of right of prior purchase---Defendant was not a co-sharer in the suit land and he had no preferential right over the pre-emptor---Impugned and decree passed by the Appellate Court were vacated and those of Trial Court were restored---Pre-emptor was directed to deposit the decretal amount fixed by the Trial Court within a period of two months failing which the suit was to be deemed to have been dismissed---Second appeal was accepted in circumstances. Aqal Hussain v. M. Aslam Khan PLD 2004 (AJ&K) 17; 1996 SCMR 598 and 2014 SCR 789 ref. Aqal Hussain v. M. Aslam Khan PLD 2004 (AJ&K) 17; M. Rashid v. M. Khaliq and 3 others 2001 CLC 1124 and Fazal Daad v. Khadim Husain and another 1995 MLD 1299 rel. (b) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK)--- ----Ss. 4 & 6---Suit for right of prior purchase (pre-emption)---Requirements---Pre-emptor…

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