Law:

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Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K)------S. 4---Civil Procedure Code (V of 1908), S. 100---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Appeal to Supreme Court--­Second appeal in High Court---Scope of interferences in concurrent findings of fact by Courts below---Concurrent findings of two Courts below on question of fact, that transaction in question, being sale and not exchange was amenable to right of pre-emption ---Where evidence had received due and full consideration by subordinate Courts on factual aspect of a case, such finding could not be disturbed by High Court in second appeal on mere ground that inference drawn by Courts below did not fairly arise out of evidence---Where High Court on such reason disturbs concurrent findings it assumes jurisdiction not vested in it under S. 100, C.P.C.---High Court in second appeal cannot disturb concurrent findings of fact simply because some other view point, on the evidence produced could also be taken---Perusal of s of Courts below including that of High Court clearly established that they did not suffer from any illegality--­Findings of Courts below including the finding recorded by High Court were maintained by Supreme Court in circumstances. Mst. Kubra Begum v. Muhammad Yasin Khan PLD 1983 SC (AJ&K) 56; Noor Akbar Khan v. Abdul Aziz Khan and 9 others PLD 1981 SC (AJ&K) 115 and Adalat Khan v. Fazal Hussain and another 1995 SCR 151 rel. JUDGMENT MUHAMMAD YUNUS SURAKHVI, J.---This appeal, with the leave of the Court, has been filed against an order recorded by the High Court on June 5, 1995, whereby the appeal filed by the appellants, herein, against the order of District Judge Bagh, dated July 31, 1988, was dismissed. 2. This case has a chequered history. A deed of exchange of land measuring 5 Kanals, 9 Marlas out of Khasra No.659 situate at Rani Pa.sari in the ownership of Noor Alam Khan, deceased, predecessor-in-interest of respondents, was executed as early on January 17. 1962, with Nlir Ahmad Khan, predecessor of appellants, herein, for 5 Kanals and 9 Marlas of land out of Khasra No.356 situate at village Kothian, Tehsil Bagh. This deed was…

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