Case Details

Citation(s)
1999 SLG 931 1999 SLD 931 1999 CLC 1108
Supreme Court (AJ&K)
Civil Appeal No.81 of 1998, decision dated: 4-12-1998.hearing DATE : 1st December, 1998 (On appeal from the judgment of the High Court, dated 15-5-1998 in Civil Appeal No.3 of 1991)
SARDAR SAID MUHAMMAD KHAN, C.J. AND MUHAMMAD YUNUS SURAKHVI, J
Ch. Muhammad Sharif Tariq, Advocate for Appellant. Raja Muhammad Siddique, Advocate for
Respondents

MUHAMMAD IQBAL alias IQBAL HUSSAIN

VS

Mst. FARZAND BEGUM and 10 others

Law:

Section:

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)-------S. 6---Court Fees Act (VII of 1870), S.7(v)(d) & (vi) (e)---Pre-emption suit---Jurisdictional value---Determination---Suit was resisted by vendee contending that as suit land was not a definite share of estate and was not separately assessed to land revenue, S.7(v)(d) of Court Fees Act, 1870 barred jurisdiction of Trial Court and that jurisdictional value should have been determined according to market value of land in dispute whereon a house stood constructed---Entries in Jamabandi had shown that land in dispute was assessed to land revenue and was out of a definite share of vendor---Provisions of S.7(v)(d) of Court Fees Act, 1870 were not applicable in the case and as plaintiff/pre-emptor did not file suit for possession of house constructed on suit land, jurisdictional value would not be determined on basis of market value of property, but same would be determined on basis of revenue assessed on suit land as provided under S.7(vi)(e) of Court Fees Act, 1870---Contention of vendee with regard to non-maintainability of suit was repelled, in circumstances. Ghulam Hussain Shah v. Hidayatullah Khan PLD 1981 SC (AJ&K) 55 and Sain v. Muhammad Din and others 1995 SCR 208 ref. JUDGMENT MUHAMMAD YUNUS SURAKHVI, J.--- This appeal, with the leave of the Court, is directed against the judgment and decree passed by the High Court on 15-5-1998, whereby the appeal filed by the appellant, herein, was dismissed. 2. The precise facts, giving rise to the present appeal, are that a suit for pre-emption was filed by one Jewan Khan (who is now represented by respondents Nos. l to 10 as his legal heirs), in the Court of Sub-Judge Dadyal, on 24-9-1985, to pre-empt the sale-deed executed by Riasat Khan on 29-9-1984, with regard to suit land measuring 6 Kanals, out of 10 Kanals and 9 Marlas, Survey No.63/1, Khewat No.39/34, Khata No.299/276, situate in village Amb, Tehsil Dadyal, District Mirpur, for a consideration of Rs.55,000. 3. In the written statement filed by the appellant-vendee various preliminary objections were taken. An objection was taken to the effect that the valuation of the suit has not been…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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