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

Section: 6(2)

Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)-- ---S. 6(2)---Mangla Dam affected and displaced persons---Concession to protect the sale from mischief of pre-emption ---Onus was on vendee to prove that he was not only an affected but a displaced person as well. In order to avail the concession to protect the sale from the mischief of pre-emption, it was enjoined upon the vendee to prove that he was a Mangla Dam affected and displaced person. For, a person who was not displaced but only affected on account of acquisition of part of his property, was not entitled to the concession. Therefore, in order to defeat the pre-emption suit, the onus was on the vendee to prove that he was not only an affected but a displaced person as well. In the present case the vendee, as stated by him and corroborated by the certificate resided in old Mirpur City. His house was acquired by the Collector for the construction of Mangla Dam. By virtue of that acquisition, he was displaced from old Mirpur city and he settled in new Mirpur city on securing allotment of a plot. This state of facts had not been challenged by the pre-emptor. The vendee thus had discharged the onus of proof to bring his case within the exception of concession made available to Mangla Dam affected and displaced persons by the Notification of the Government issued under section 6(2) of the Right of Prior Purchase Act. Ghulam Rabbani's case P L D 1971 Azad J&K 68; Sattar Muhammad's case P L D 1982 Azad J&K 31 and Raj Wall's case P L D 1981 Azad J&K 79 ref. Ch. Muhammad Taj for Petitioners. A.K. Ansri for Respondents. ORDER Both the appeals arise out of a common order-passed by learned District Judge, Mirpur on November 29, 1988. These are, therefore, disposed of together. Karam Dad pre-empted the sale of suit land measuring 2 kanals out of survey numbers 544 and 549, situate in village Bhalot, Tehsil Mirpur. It was averred that the pre-emptor was related to the vendor and a co-sharer in the suit land. The suit land was alienated by Fateh Muhammad to Said Muhammad through a registered sale-deed executed on July 12, 1977 for a consideration of Rs.20,000. The vendee resisted…