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

Section: 4,6

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK) --- ----Ss. 4 & 6---Suit for right of prior purchase (pre-emption)---Participation of pre-emptor in the bargain of suit property---Effect---Principle of waiver---Applicability---Plea of defendant was that pre-emptor had participated in the bargain of suit land---Suit was decreed by the Trial Court and first Appellate Court but the High Court dismissed the same---Validity---Strong evidence was required to deprive the pre-emptor on the ground of waiver---Nothing was on record that pre-emptor was asked to purchase the suit land for the same amount and amount was in his knowledge and thereafter in presence of witnesses he had refused to purchase the land in question---Mere refusal to purchase the suit land at a high price or less than demanded one, could not be considered as "waiver"---Mere presence of pre-emptor at the time of bargain was not sufficient for defeating the right of pre-emption---Even attestation by the pre-emptor on the sale deed could not be considered that he was a consenting party---Impugned passed by the High Court was set aside and that of Trial Court was restored---Pre-emptor was directed to deposit the decretal amount along with expenses of sale deed within one month failing which his suit would be deemed to have been dismissed---Appeal was allowed in circumstances. Nazar Ahmad and others v. Fazal Hussain and 11 others PLD 2005 SC (AJ&K) 1; Muhammad Ejaz Khan and 4 others v. Sikandar Shah and 14 others 2012 MLD 1156 and Mst.Alamah Bibi and 4 others v. Muhammad Bashir and 6 others PLD 1994 SC (AJ&K) 26 ref. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, J.- The captioned appeal by leave of the Court arises out of the judgment dated 11.7.2018 passed by the Azad Jammu and Kashmir High Court in Civil Appeal No. 142 of 2016. 2. The precise facts forming the background of the captioned appeal are that Muhammad Ishaq Khan, vendor, respondent herein. alienated land comprising khasra No. 442 min measuring 5 kanal, situated in village Thali Tehsil Sehnsa District Kotli in lieu of Rs.30,00,000/- vide sale-deed dated 12.5.2011. Bashir Khan, appellant, herein, brought a suit for…

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