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

Section: 4,6,20

Law: Azad Jammu and Kashmir Supreme Court Rules, 1978

Section: O.XLIII,Rr.4,5

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK) --- ----Ss. 4, 6 & 20---Azad Jammu and Kashmir Supreme Court Rules, 1978, O. XLIII, Rr. 4 & 5---Suit for right of prior purchase (pre-emption)---Inherent powers of Supreme Court---Scope---Trial Court dismissed suit for want of cause of action on the ground that both the parties were co-sharers but Appellate Court decreed the suit---High Court set aside and decree passed by the Appellate Court to the extent of half suit land---Validity---Pre-emptor as well as vendee were co-sharer in the disputed Khewat---Conclusion drawn by the Trial Court was based on proper appreciation of record---Appellate Court had relied upon oral evidence which could not be given preference over the documentary evidence---Findings recorded by the Trial Court could not be reversed on the basis of oral evidence---Vendee had not challenged the and decree passed by the High Court through cross appeal---Supreme Court had inherent powers and could pass any and order which ought to have been passed or made by the Courts below---Impugned passed by the High Court was nullity in the eye of law which was set aside---Appeal filed before the High Court by the vendee was accepted and rendered by the Appellate Court was recalled and and decree passed by the Trial Court were restored---Appeal was allowed in circumstances. Mehmood Hussain v. Ejaz Hussain Shah and another 1992 SCR 13 and Muhammad Ilyas v. Ali Asghar and 7 others 2003 SCR 520 ref. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, JUSTICE:---.--- The captioned appeal has been directed against the judgment dated 26.10.2017 passed by the learned High Court in civil Appeal No. 104 of 2012. 2. The facts forming the background of the captioned appeal are that land comprising Khewet Nos. 24, 79, 91, 92 and 108 Khata Nos.206, 598, 616, 873 to 875 and 921, total measuring 17 kanal 14 marla, situated in village Chahi was a common property of the plaintiff and the defendant Nos. 1 to 8. The said land was transferred by defendants Nos. 1 to 8 to defendants Nos.9 to 10 in lieu of Rs.9,50,000/- vide sale-deed dated 10.7.2008. Ghulam Rasool, appellant, herein, brought a suit for…

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