Law: Azad Jammu and Kashmir Right of Prior Purchase Act, 1993

Section: 4,6

Law: Transfer of Property Act, 1882

Section: 54,122

Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK)--- ----Ss. 4 6---Suit for right of prior purchase (pre-emption)---Suit land having been transferred through gift deed---Effect---Contention of plaintiff was that suit land had been transferred through gift only to defeat the right of prior purchase of the plaintiff and in fact the transaction was a "sale"---Suit was dismissed concurrently--- Validity--- Donees had no blood relation with the donors and nothing was on record as to why suit land had been gifted---Element of gift-deed had not been substantiated from the evidence of defendants---Necessary ingredients for execution of gift-deed were lacking in the case---Even no element of love and affection appeared to have been found---Appellate Court had failed to appreciate the evidence according to the relevant provisions of law---Impugned s and decrees passed by the Courts below as well as gift-deed were set aside---Alleged gift-deed was declared as sale-deed and pre-emption suit was decreed subject to payment of remaining consideration--- Second appeal was allowed, in circumstances. Muhammad Bashir v. Mirza and others 1987 SCMR 1277; Muhammad Hussain and others v. Miran Bakhsh and others 1989 SCMR 1064; Muhammad Riaz v. Muhammad Riyasat and 8 others 2008 SCR 308 and Sheikh Akhtar Aziz v. Mst. Shabnam Begum and others 2019 SCMR 524 rel. (b) Transfer of Property Act (IV of 1882)--- ----Ss. 54 122---"Sale" and "gift"---Distinction---Consideration and exchange of money was an essential element for sale, whereas in case of gift there was no element of consideration but same should be voluntary. (c) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Concurrent findings of fact---Concurrent findings of facts could be interfered with in second appeal if same were not supported by any evidence. Mukhtar Ahmed v. Muhammad Ameen (deceased) through Legal Heirs and 8 others 2017 MLD 845 rel. JUDGMENT SARDAR MUHAMMAD EJAZ KHAN, JUSTICE:---.--- The captioned appeal has been directed against the judgment and decree passed by the learned District Judge, Bhimber, on 14.10.2018 whereby the judgment and decree of the learned Senior Civil Judge,…

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