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

Section: 20,

(a) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)--- ----S. 20---Suit to enforce right of prior purchase (Pre-emption)---Principle of sinker---Evidence beyond pleadings---Scopes predecessor-in-interest filed suit for possession on the basis of his right of prior purchase---Trial Court decreed the suit whereas appeal filed against the decree was dismissed---Contention of appellants was that principle of sinker did not apply to the case as it had no statutory backing and that the suit land was divisible---Validity---Held; there was no mention in the written statement that the land was sold separately and the appellants also did not take such plea while filing common written statement---Evidence, beyond the pleadings, could not be relied upon---One of the appellants was not a co-sharer in the suit land while other two were co-sharers, therefore, the two appellants, despite having right of prior purchase, stood disentitled from their claim due to joinder and association of a stranger under the principle of sinker---Share of consideration amount was also not separately specified in the sale deed---Doctrine of sinker had been followed by the Superior Courts for more than a century and the appellants could not refer any principle from the injunctions of Islam or Fatwa or authority that the principle of sinker was not according to the Tenets of Islam---Appeal was dismissed. PLD 1984 AJK 38; PLD 1978 SC (AJK) 156; PLD 1983 SC (AJK) 188; 2008 CLC 332; PLD 1982 Lah. 568 and 1987 CLC 815 ref. Raja Muhammad Saeed Khan v. Sardar Khani Zaman and 11 others PLD 2007 SC (AJK) 63 rel. (b) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)--- ----S. 20---Suit to enforce right of prior purchase---Principle of sinker---Scope---Where a pre-emptor having the right of pre-emption associates with him a person, having no right or inferior right of purchase of suit land, under the principle of sinker, he disentitles himself from his right of pre-emption---Likewise, if a purchaser, who has also prior right of purchase being co-sharer but associates with himself a stranger in purchase and the land is indivisible and the consideration amount is paid in lump sum…

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