Law:

Section:

(a) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)-------S. 29---Limitation Act (IX of 1908), S. 29 & Art. 10 [as amended in Azad Jammu and Kashmir by Limitation (Amendment) Act (X of 1992)]---Period of limitation for enforcing right of prior purchase---Amendment of Art. 10, Limitation Act, 1908, curtailing period of limitation from one year to four months---Effect---Special statute providing limitation for filing suit--­Applicability---Extent---Provision of S. 29, Limitation Act, 1908, excludes its operation where special statute itself provides limitation---Right of prior purchase being special right created by special law governs special cases bestowing right of pre-emption on particular class of persons for particular properties---Provision of S. 29 of the Act provides period of one year to enforce right of pre-emption in cases for which no period of limitation is provided by relevant Article of Limitation Act, 1908---Where, however, relevant Article of Limitation Act provides such period, then Limitation Act, 1908 would govern the period and not the Azad Jammu and Kashmir Right of Prior Purchase Act---Section 29, Azad Jammu and Kashmir Right of Prior Purchase Act makes provisions of Limitation Act, 1908, specifically applicable to a suit to enforce right of prior purchase, therefore, period provided by the right of Prior Purchase Act would be excluded to the extent it finds place in Limitation Act, 1908, notwithstanding that Right of Prior Purchase Act is a special law---Amendment in Art. 10, Limitation Act, providing a different period was not, thus, derogatory to the period of limitation, provided by the Right of Prior Purchase Act---Plaintiff's suit would be governed by one year period for right of pre-emption had accrued to plaintiff before the amendment in question. (b) Limitation Act (IX of 1908)--- ----Art. 10 [as amended in Azad Jammu and Kashmir by Limitation (Amendment) Act (X of 1992)]---Amendment---Requirement of modification in phraseology used in Limitation (Amendment) Act, 1992---Provision of S. 29, Right of Prior Purchase Act, in view of amendment in Limitation Act, 1908, would require modification as phraseology used…

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