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

Section: 14,16

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993-- ----Ss. 14 & 16--Agreement to sell--Sharik Khiwat--Plaintiff was filed suit for possession and pre-emption--Decreed--Defendants were filed a rival suit for pre-emption and cancellation of agreement to sell--Dismissed--Appeal--Partially accepted--Challenge to--When any pre-emptor comes within purview of Shafi Sharik then second category is not considered and case is to be decided on basis of first category--According to Section 16 of Act when someone is a pre-emptor and proved to be co-sharer in sold land, he has prior right of purchase of suit land, if there are more than one 'Shafi-Sharik' they are entitled for suit land according to proportionate share of pre-emptors in relevant khiwat and in such state-of-affairs as both rival pre-emptors are co-sharers in Khiwat, hence right of prior purchase would be according to their respective share of khiwat--In light of clause 1 (a) of section 16 of Act reproduced hereinabove, learned District Judge, Hattian Bala, has rightly concluded case of both rival pre-emptors by awarding them proportionate share according to their respective shares in Khewat, so and decree of learned District Judge, Hattian Bala dated 30.11.2016 is based upon sound and cogent reasons and no illegality or perversity has been committed--Appeals were dismissed. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHERAZ KAYANI, JUSTICE---.--- Both the appeals have been directed against the same judgment and decree dated 30.11.2016, passed by the learned District Judge, Hattian Bala. 2. As common questions of facts and law are involved in both the captioned appeals, hence, were heard together and are decided as such through this single judgment. 3. Facts forming the background of Appeal No. 11/2017, are that Syed Intisar Hussain Gillani, plaintiff-respondent, herein, filed a suit for possession and pre-emption along with prayer of perpetual injunction pertaining to land comprising Survey No. 1277, Khewat No. 136, measuring 19 marlas, situated at Village Neeli Dhani Shahdara, Tehsil and District Hattian Bala, against Zaffar Ahmed Shah and others, in the Court of Senior Civil Judge, Hattian Bala, on…

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