Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

  Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S.42---Azad Jammu and Kashmir Supreme Court Rules, 1956, OXI, R.1, Proviso (ii)---Review of earlier order passed by Supreme Court---Earlier order passed by Supreme Court in appeal against order of High Court was sought to be reviewed on point that Court consisting of Single Judge could not be considered to be Supreme Court---Such point having not been raised earlier during course of argument of appeal, could not be allowed to be agitated to invoke review jurisdiction of Supreme Court. Mehr Khan v. Mst. Razia Begum and others 1978 S C M R 294; Rizwan Cooperative Society Ltd. v. Custodian of Evacuee Property and others 1978 S C M R 449 and Wahajuddin and another v. Razia Begum and others 1979 SCMR 241 ref. Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S.42---Azad Jammu and Kashmir Supreme Court Rules, 1956, O.XI, R.1--Supreme Court Rules not being contrary to any provision of Constitution, more or less have same force as a constitutional provision has---Argument that judgment recorded by Single Judge of Supreme Court could not be considered judgment of Supreme Court was repelled. Muhammad Siddique Noor-ul-Amin and Ali Muhammad for Petitioners. Imdad Ali and Muhammad Taj for Respondent. ORDER Relevant facts giving rise to this review against the judgment of this Court passed on 1-4-1989 are as under: Muhammad Akram and others, petitioners herein, purchased the suit land situate in the area of village Bhalote Tehsil Mirpur from one Abdul Majid by way of sale-deed executed and registered on January 7, 1984. Mst. Tazeem Akhter, non-petitioner herein, wife of vendor sought to pre-empt the sale. Muhammad Akram and others vendee-petitioners in their written statement repudiated the claim put forth by Mst. Tazeem Akhter. Amongst other grounds, they sought rejection of the suit on the plea that sale in their favour is exempted from the mischief of pre-emption by virtue of notification issued by the Government in exercise of its powers under section 6(2) of the Jammu and Kashmir Right of Prior Purchase Act.   The learned Sub-Judge as well as the learned District Judge…