Law:

Section:

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK)--- ----Ss. 4 & 6---Suit for right of prior purchase (pre-emption)---Gift-deed---Scope---Contention of plaintiffs was that transaction was in fact a sale but same had been made a gift only to defeat their right of prior purchase---Suit was decreed concurrently---Validity---Defendant had not denied the claim of plaintiffs with regard to the fact that gift-deed was in fact a sale-deed---Written statement submitted by the defendant was of evasive nature---Denial of any fact of evasive nature was sufficient to treat it as an admission on behalf of defendant with regard to such fact---Findings recorded by both the courts below were based on sound and cogent reasons---Both the courts below had rightly relied upon the evidence available on record---No direct evidence could be produced in such like cases and evidence on record and conduct of the parties was always relevant---Both the courts below had rightly relied upon the record, conduct and intention of the parties---No misreading of evidence had been pointed out in the impugned and decree passed by the courts below---Appeal was dismissed in circumstances. 1993 CLC 1084; 2000 MLD 1813 and 2002 CLC 1121 ref. ORDER MUNIR AHMED CHAUDHARY, J.---This appeal has been directed against the judgment and decree of District Judge Mirpur dated 8-12-2005, through which the judgment and decree passed by the Civil Judge Mirpur dated 26-2-2005 was maintained. 2. Brief facts culminating into the present appeal are that one Mirza Begum (defendant No.2 in the suit) transferred the land measuring 1 Kanal and 16 Marlas bearing survey No.245 Khata No. 128/531 Khewat No. 3 situated at village Azizpur Tehsil Mirpur to the present appellant/defendant No. 1 through a gift-deed on 31-5-1993. The present respondents Muhammad Azam and Abdul Wahid filed a suit for pre-emption on the ground that the said gift-deed was in fact a sale-deed and the transaction was made in shape of a gift-deed only to defeat the right of prior purchase of the respondents/plaintiffs. It was also stated that the suit land was sold against a price of Rs. 50,000. The donor and the donee have no relationship…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492