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

Section: 6 . 42

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)--- ----S. 6---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Right of pre-emption ---Land comprised in two different survey numbers were sold whereas pre-emptor brought suit on the ground that two survey numbers were comprised in one Khewat wherein he was co-sharer and thus, his right of pre-emption extended to entire land in question---Trial Court decreed plaintiff's suit on the ground that although he was co-sharer in one survey number and was not a co-sharer in the other survey number but plaintiff being a co-sharer in the Khewat which comprised those Khasra numbers, was entitled to succeed---High Court maintained judgment and decree of Trial Court-- Validity---Different Khasra numbers in a holding or Khewat do not become different properties in themselves ---Co-sharer in a specific survey number of a Khewat has right of pre-emption in respect of other survey numbers of the same Khewat in which he was not recorded as co-sharer in Revenue Record-- Judgments and decrees of Courts below being correct on legal plane, no interference was warranted. Muhammad Yusaf v. Sikandar PLD 1970 Pesh. 160; Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC (Pak.) 9; Muhammad Sharif v. Shabbir Hussain 1986 CLC 2672; Muhammad Hussain v. Hassan Muhammad   PLD 1984 SC (AJ&K) 122; Lal Din v. Muhammad Afsar Civil Appeal No. 10 of 1990; Said Karim Shah v. Taj Muhammad PLD 1974 SC 383; Ahmad Khan v. Sattar Din PLD 1981 SC 148 and Qalandar Khan v. Qazi Pir Muhammad Khan PLD 1956 Pesh. 1 rel. Abdul Rehman v. Muhammad Afsar Khan PLD 1978 SC (AJ&K) 156; Hassan Muhammad v. Muhammad Hussain PLD 1977 Azad J&K 40 and Ghulam Begum v. Khan Muhammad Khan PLD 1984 SC (AJ&K) 38 ref. Kh. Ali Muhammad for Appellants Ch. Muhammad Sharif Tariq for Respondent. Date of hearing:,22nd May, 1996. JUDGMENT SARDAR  SAID  MUHAMMAD  KHAN,  C.J.--  This appeal has been directed against the judgment of the High Court dated 15-10-1995, whereby the appeal filed by the appellants, herein, was dismissed. The brief facts of the case are that the suit land measuring 3…