Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.14

(a) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)-- ----S. 14---Right of prior purchase in respect of land sold to other person, exercise of---Scope---Such right could be exercised on any of grounds mentioned in S. 14 of Azad Jammu and Kashmir Right of Prior Purchase Act, 1993---Pre-emptor, if co-sharer in body of "mahal", could file suit on such ground and also on grounds of Shafi Khalit and Shafi Jar independently---Pre-emption suit filed on sole ground of Shafi Sharik would fail, if pre-emptor and vendee were found to be co-sharers in suit land for having equal right---When pre-emption suit was filed on any other ground apart from Shafi Sharik and such ground was not available to vendee, then suit would be determined on basis of such other ground---Principles. Muhammad v. Allah Ditta 1990 CLC 765; Faiz Ahmad v. Muhammad Siddique and another 1999 MLD 1270 and Muhammad Malik v. Ch. Yaqoob Javed Batalvi and another 2004 CLC 882 ref. (b) Islamic Law--- ----Inheritance---Property of a Muslim on his death would vest in his legal heirs, who would become its owners without formal attestation of inheritance mutation in their favour. Muhammad v. Allah Ditta 1990 CLC 765; Muhammad Malik v. Ch. Yaqoob Javed Batalvi and another 2004 CLC 882; Abdul Rehman v. Muhammad Afsar Khan PLD 1978 SC (AJ&K) 156 and Faiz Ahmad v. Muhammad Siddique and another 1999 MLD 1270 rel. (c) Civil Procedure Code (V of 1908)--- ----O. XX, R. 14---Decree in pre-emption suit---Absence of prayer in plaint for delivery of possession of suit land---Effect---Pre-emptor already in possession of suit land would not be bound to pray for possession---Duty of court while decreeing such suit to direct vendee to hand over possession of suit land to pre-emptor on payment of decretal amount. Illahi Bakhsh and others v. Mst. Bilqees Begum PLD 1985 SC 393 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD AZAM KHAN, J.--- This appeal, by leave of the Court, arises out of the judgment and decree of the Azad Jammu and Kashmir High Court dated 21st February, 2009, whereby Civil Appeal No.130 of 2005 has been dismissed. 2. The necessary facts for disposal of the appeal are that Mst. Nazeer Begum and…

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