Law:

Section:

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)-------S. 12---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42--=Pre-emption suit---Deposit of pre-emption amount by successful pre­emptor---Extension of time granted by High Court for deposit of pre-emption money---Validity---Appeal against and decree of Trial Court was competent only before High Court---Successful pre-emptor instead of filing appeal against decretal amount, before High Court had filed the same before District Court whereby deposit of decretal amount was suspended ---Pre­emptor on failing before District Judge filed second appeal before High Court against decree and of Appellate Court---Such appeal was filed beyond period of limitation from the and decree of Trial Court and no decree of Trial Court accompanied such appeal, nor was 'there any application for condonation of delay---No valid appeal thus existed before High Court---High Court was left with no power to grant extension in time for deposit of pre-emption money---Order of High Court whereby it had extended time for deposit of pre-emption money was set aside and suit was dismissed in circumstances. Qasirn Hussain Shah v. Muhammad Gulzar PLD 1984 SC (AJ&K) 150 ref. Ch. Muhammad Sharif Tariq and Raja Imdad Ali Khan for Appellants. Raja Muhammad Siddique Khan for Respondent No.1. Date of hearing: 21st March, 1995. JUDGMENT BASHARAT AHMAD SHAIKH, J.---Facts necessary for disposal of the appeal are that appellants, Muhammad Din and others purchased land measuring 180 Kanals 4 N4arlas in. village, Kasgummah, Tehsil Bhimber, on 14th of January, 1988 from Javed Akthar. The sale was challegned on the basis of right of prior purchase by Mst. Nusrat Begum; respondent No.1. The suit was decreed by the learned Sub-Judge on 28th of February, 1991. Appeal was filed before the learned Additional District Judge by the plaintiff challenging the decretal amount but it was dismissed. Respondent Mst. Nusrat Begum, the pre-emptor, is the sister of vendor Javed Akthar and also a co-sharer in the suit land. Her case was that the land in dispute was sold for Rs.5 lakh and not for Rs.7 lakh, which had been shown in the…

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