Law:

Section:

(a) Azad Jamu and and Kashmir Right of Prior Purchase Act, 1993 (B.K.)----------Ss. 6 & 14---Suit for pre-emption ---Preferential right of pre-emptor over rival pre-emptor ---Suit was decreed in favour of two rival pre­emptors `T' and `S', but Trial Court in its order declared 'T' having preferential right of pre-emption over 'S' on ground that 'T' was collateral of vendor coupled with the fact that he was also sharer in the suit-land---Rival pre-emptor 'S' was placed at No.2 on ground that he was simply a sharer in joint property-- -Appellate Court upheld decision of Trial Court---Validity---Both Courts below were in agreement that both rival pre-emptors `T' and 'S' had qualified themselves to be 'Shaft Shareek' in joint immovable property out of which a share had been transferred through sale-deed---Amended law of pre-emption governing pre-emption matters, had only provided three categories; firstly, Shafi Shareek; secondly Shafi Khalit; and thirdly Shafi Jar---Amended law of pre-emption had further provided that where all the said classes of pre­emptors were claimants, then first category. (Shaft Shareek) would exclude; second category and second would exclude the third category--­Both rival pre-emptors, in the present case, were shown to have prior right of pre-emption against vendee being Shafi Shareek---Concurrent view taken by Courts below that pre-emptor 'T' had preference over pre­emptor 'S', because he had two additional qualifications, could not be allowed to prevail because under amended law, relationship of a pre­emptor with vendor was no ground or qualification and any additional qualification even though recognized by amended law of pre-emption could not be considered to place a pre-emptor in a better position while deciding pre-emption suits filed by rival pre-emptor ---Both rival pre­emptors being Shafi Shareek falling in first category; would be entitled to equal share one half to each and decretal amount would also stand divided in equal share. (b) Pleadings--- ---- No evidence could be looked into on a fact which was not specifically pleaded in pleadings. Sardar Muhammad Arif Khan for Appellant. Raja Muhammad Sajjad Khan for Respondent…

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