Law:

Section:

(a) Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)--- ----S.21 (5) (a)---Object and scope of S.21 (5) (a)---Provision of S. 21 (5) (a), Azad Jammu and Kashmir Right of Prior Purchase Act would be applicable to security or deposit which was required for discharge of costs---Whole of S. 21 of the Act deals with costs and does not relate to purchase money. (b) Civil Procedure Code (V of 1908)--- ----OXX, R. 14---Decree in pre-emption suit---Withdrawal of purchase money after deposit of same by pre-emptor ---Effect---Where Court under provision of OXX, R. 14, Civil Procedure Code, 1908, had directed pre-emptor to deposit purchase money together with costs, manifest intention of law was that such mount would not be withdrawn by pre-emptor ---Non-deposit of purchase money in Court would result in dismissal of suit and withdrawal of money after deposit of same would entail same consequences---Purpose of deposit of purchase money was that same had to be paid to unsuccessful vendee and not that it should be repaid to or withdrawn by plaintiff/pre-emptor himself--­Plaintiff/pre-emptor having remained successful throughout uptil Supreme Court in obtaining decree for pre-emption, withdrawal of purchase money by him after deposit of same by him would result in dismissal of his suit. Fazal Hussain v. Musharaf Sultana 1991 SCMR 487 rel. Ismail and others v. Muhammad Aslam and others PLD 1980 Lah. 104 and Abdul Ghafoor and another v. Mst. Iqbal Begum and another PLD 1975 Lah. 524. rel. JUDGMENT BASHARAT AHMAD SHAIKH, J.---Khahl-ur-Rehman, the respondent before us, was the plaintiff in a pre-emption suit which was decreed on 28-12-1983. In accordance with the orders of the Court he deposited the purchase-money on 27-2-1984. The decree passed in favour of Khalil-ur­Rehman was unsuccessfully challenged successively before the District Judge, High Court as well as this Court. The decree passed in his favour was intact when on 26-5-1988 the plaintiff withdrew the purchase-amount from the Court without seeking formal permission. On 23-1-1989 the present appellant Rehmatullah, vendee in the case, moved an application before the learned Sub ­Judge that since the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492