Law:

Section:

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)-------Ss.18 & 19---"Waiver"---Proof---In order to prove "waiver" it must be established that right of pre-emption was extinguished by some act of person to whom it belonged or before the same actually arose on execution of sale-deed--­Plaintiff would be estopped from claiming his right of prior purchase on account of clear refusal to purchase or agreeing to forego his claim---Plaintiff being party to sale proceeding had received specified amount from vendee/defendant and had executed agreement for abstaining from filing pre-emption suit---Plaintiff also never entered into witness-box to rebut such assertion and had admitted receiving relevant amount at the time of recording his statement on application moved for special oath---Cumulative effect of all such facts would constitute "waiver" against plaintiff---Both Courts below having decided question of "waiver" against plaintiff, perusal of record indicated that conclusion arrived at by them would not warrant interference in s and decrees recorded by them.---[Waiver]. Ali Haider Khan v. Sher Afzal Khan PLD 1983 SC (AJ&K) 5; PLD 1957 SC (Ind.) 346; PLD 1981 SC (AJ&K) 124; Salah Muhammad Khan's case 1981 CLC 353 and Nadir Shah v. Lal Shah PLD 1954 Lah. 447 ref. ORDER This appeal has been directed against the judgment and decree of the District Judge, Kotli, passed on September 5, 1994, whereby an appeal filed against the order of Sub-Judge, Fatehpur Thakyala, was dismissed. 2. The facts forming the background of this appeal are that two suits, one by Ghulam Rasool, plaintiff-appellant and the other by Noor Muhammad son of Kala, on the basis of right of prior purchase were filed in the Court of Sub-­Judge, Fatehpur Thakyala. Both the suits were consolidated and issues arising out of the pleadings of the parties were framed. The trial Court after receiving evidence from the respective parties and hearing them, dismissed both the suits. The plaintiff-appellant, Ghulam Rasool filed an appeal before the District Judge while the other pre-emptor did not prefer any appeal. The appeal of the plaintiff appellant did not find favour with the learned…

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