Law:

Section:

Jammu & Kashmir Right of Prior Purchase Act, Ss. 13, 14 &----15---Pre-emption---Agricultural land not occupied as site of building whether in town or village and used for purposes of agriculture---Held, governed by S. 14 and not S. 15---Absence of words "other than agricultural land" in definition of "urban immovable property"---Would not turn agricultural land into urban immovable property. 7 J & K L R 162 ref.                                                                                                                                  JUDGMENT KHAWAJA MUHAMMAD SHARIF C J.-This is an appeal against the judgment of the learned Single Judge of this Court dated 14-11-71 by which the plaintiff's appeal against the appellate judgment and decree of the District Judge, Muzaffarabad, dated 4-5-1971 was dismissed with costs. The facts giving rise to this civil appeal are that Omar Din brought a suit in the Court of the Additional Sub-Judge, Muzaffarabad, against Abdul Karim on the basis of the right of prior purchase claiming that his land was contiguous to the suit land. The learned Sub-Judge decreed the plaintiff's suit holding the property, the subject of pre-emption, to be 'urban immovable property'. On appeal by Abdul Karim the learned District Judge of Muzaffarabad set aside the judgment and decree of the trial Court holding that the property was "agricultural land" and not "urban immovable property" and, therefore, gave -no right of prior purchase to the plaintiff on the ground of contiguity. Omar Din then came up in appeal to the High Court and the learned Single Judge of this Court dismissing his appeal held the property to be "agricultural land" and not "urban immovable property". He has now come up in second appeal before the Division Bench. The only…