Law: Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K)

Section: 18,6

(a) Words and phrases-------"Waiver"---Meaning, scope and import of---Word "waiver" means to relinquish a right or' a claim by expressed words ore declaration or by some intentional act---Waiver is, thus, intentional relinquishment of a known right.(b) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K)---S. 18---Waiver---Pre-emptor in whom right of prior purchase vests refuses[ to purchase land in question---Refusal to purchase land in question, amounts to waiver so as to debar pre-emptor to bring suit for pre-emption in respect of same land ---Pre-emptor admitting offer of sale and his refusal to purchase--�Effect---Basic element of waiver in pre-emptor cases is that pre-emption should have a fair opportunity to purchase land in question---Where purchaser had been provided fair opportunity of purchasing property and he had declined to purchase the same, then waiver would apply with full force--�Seller should give notice to sell land to persons having right of prior purchase---Any stipulation pertaining to price of land was, however, not necessary-- -For establishing waiver it was not necessary to prove that land was offered for sale to pre-emptor on the same price to which it was in fact sold---Where pre-emptor had admitted that land in question was offered to him for sale and he had refused to purchase the same, then waiver had been fully established ---Pre-emptor would, thus, be estopped from going beyond his refusal and claiming right of pre-emption on the same land.(c) Pre-emption-------Law of pre-emption is a law of piracy.(d) Azad Jammu and Kashmir Right of Prior Purchase Act 1993 (B-K.)-------S. 6---Pre-emption suit---Partial pre-emption ---Land, in question, with a mango tree, therein sold for a specified amount---No separate price of mango tree was stated in sale-deed---Mango tree could not be deemed to have been separately sold---Price of mango tree having not been separately mentioned in sale-deed, pre-emptor could not gain knowledge that a separate price of mango tree was assessed and paid---Pre-emptor's suit relating to land in question, for the entire amount mentioned in the sale-deed (for both mango tree and land) would also…