Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 4(10)---Holding---Scope---Ownership of an agricultural land was called 'holding', Khewat' or Khata'---If a person had one 'holding' in one village, he was owner of one property; if he had more than one 'Khata' or 'holding' in a village, he was owner of more than one property---On the contrary, if a 'holding' comprised more than one Khasra number, he would still remain the owner of one property and would not become owner of as many properties as there were Khasra numbers---Word 'holding' would mean a share or a portion of an estate held by one land owner or jointly by two or more land owners---Holding of land which comprised different number of field bearing different Khasra numbers, would remain one property and not as many properties as there were Khasra numbers. (b) Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)-- ----Ss. 6 & 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Suit for pre-emption---Superior right of pre-emption---Plaintiffs, pre-emptors being co-sharers in one survey number and 'Khewat', it could safely be held that plaintiffs were 'Shareek Khewat'/co-sharer---Person who was co-sharer in one survey number in a 'Khewat' would be deemed to be a co-sharer in the whole survey numbers comprising in the 'Khewat'---Plaintiffs, in circumstances, had the right of pre-emption---All three courts, 'Trial Court, Appellate Court below and High Court' had not even touched said crucial point; and recorded the findings that as the plaintiffs were not co-sharers in 'Khata' in which land in dispute fell, they failed to establish right of prior purchase, which was not correct---Impugned s and decrees recorded by three courts below were set aside and it was held by the Supreme Court that plaintiffs had successfully established their right of prior purchase---Suit was decreed, in circumstances. Rehmat Ali and another v. Soofi Muhammad Azam 1996 SCR 191; Faiz Ahmad v. Muhammad Siddique and another 1999 MLD 1270; Muhammad Malik v. Ch. Yaqoob Javed Batalvi and another 2002 SCR 47; Abdul Rehman v. Muhammad Afsar Khan PLD 1978 SC (AJ&K) 156; Ghulam Begum and 10…

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