| Citation(s) |
|---|
| 2017 SLG 2097 2017 SLD 2097 2017 YLR 327 |
Supreme Court (AJ&K)
Civil Appeals Nos. 24 of 2013 and 34 of 2014, decision Dated: 29-04-2016, hearing Date : 19-04-2016. On appeal from the Judgment of the High Court Dated 12.02.2013 in Civil Appeal No. 134 of 2005
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE, RAJA SAEED AKRAM KHAN, JUSTICE
Haji Ch. Muhammad Anwar for Appellant (in Civil Appeal No. 24 of 2013). Raja Saadat Ali Kiani for
Respondents (in Civil Appeal No. 24 of 2013). Raja Saadat Ali Kiani for Appellant (in Civil Appeal No. 34 of 2014). Haji Ch. Muhammad Anwar for
Respondent
Civil Appeals Nos. 24 of 2013 and 34 of 2014, decision Dated: 29-04-2016, hearing Date : 19-04-2016. On appeal from the Judgment of the High Court Dated 12.02.2013 in Civil Appeal No. 134 of 2005
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE, RAJA SAEED AKRAM KHAN, JUSTICE
Haji Ch. Muhammad Anwar for Appellant (in Civil Appeal No. 24 of 2013). Raja Saadat Ali Kiani for
Respondents (in Civil Appeal No. 24 of 2013). Raja Saadat Ali Kiani for Appellant (in Civil Appeal No. 34 of 2014). Haji Ch. Muhammad Anwar for
Respondent
CIVIL APPEAL NO. 24 OF 2013 MANZOOR HUSSAIN
VS
FEROZ KHAN AND ANOTHER CIVIL APPEAL NO. 34 OF 2014 FEROZ KHAN VS MANZOOR HUSSAIN AND ANOTHER
Law:
Section:
Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK)--- ----Ss. 4 & 6---Azad Jammu and Kashmir Shariat Court Act (IX of 1993), S. 6---Suit for right of prior purchase---Pre-empted property being urban---Effect---Suit was dismissed on the ground that pre-empted property being urban was exempted from the operation of right of prior purchase---Validity---Judgment of Shariat Court declaring S. 6 of Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK) against the injunctions of Holy Quran and Sunnah would take effect on 05-10-1999 i.e. the date specified in the same and not retrospectively---Provision of S.6 of Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK) had ceased to have its effect---Discretionary power of Government to exempt the property from operation of right of pre-emption in town area had become ineffective w.e.f. 05-10-1999---Sale deed, in the present case, had been executed on 06-08-2003---Pre-emption suit with regard to sale of such property filed after 05-10-1999 was maintainable---Plaintiff could not be non-suited on the ground of exemption of property from the right of prior purchase---Factual issue with regard to right of prior purchase being a co-sharer had already been resolved in favour of plaintiff---Impugned s passed by the courts below were set aside by the Supreme Court and suit was decreed---Plaintiff was directed to deposit sale price of suit property along with expenditures incurred on the same---Vendee would hand over the possession of suit land to the plaintiff on depositing of decretal amount and if plaintiff failed to deposit the said amount within stipulated period then suit would be deemed dismissed---Appeal was allowed in circumstances. Government of N.W.F.P through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360; Hafiz Hasan Muhammad and 2 others v. Abdul Hameed and 2 others PLD 1982 SC 159; Faqir Ali v. Standard Bank Ltd. Muzaffarabad PLD 1979 SC (AJ&K) 62 and Azad Govt. of the State of Jammu and Kashmir and others v. Kashmir Timber Corporation PLD 1979 SC (AJ&K) 139 ref. Pakistan v. General Public PLD 1988 SC 645; Muhammad Iqbal and others v. Ghaunsullah Khan and…
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