Law:

Section:

(a) Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)-------S. 6---Suits Valuation Act (VII of 1887), Ss.3 & 8---Court Fees Act (VII of 1870), S.7(v)(vi)---Suit for pre-emption ---Determination of value of suit-land for purpose of jurisdiction of Court---Objection to---Defendants did not raise any objection with regard to value of suit for purpose of jurisdiction of Court and fixation of court-fee either in pleadings or during arguments in the Trial Court or even before District Judge, but was raised first time before High Court, which could not be raised at that stage of the case. Muhammad Suleman and another v. Javed Iqbal and others PLD 1985 SC (AJ&K) 1; Ghulam Rasool v, Muhammad Khan and another 2000 YLR 2104; Muhammad Hussain v. Muhammad Afsar and 5 others 2001 YLR 3280; Visanda Mal and others v. Ganesha Mal and others AIR 1916 Lah. 208; Ram Samlhart Tewari v. Rajman Naik and others AIR 1918 All. 233; Mathura Prasad v. Karam Singh AIR 1929 Oudh 240(2); Muhammad Iqbal v. Mst. Ghulam Roquia 2003 MLD 138; Sain v. Muhammad Din and others 1995 SCR 208; Ghulam Hussain Shah v. Hidayatullah Khan, PLD 1981 SC (AJ&K) 55 and Muhammad Hussain's case 2001 YLR 3280 ref. (b) Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)--- ---S. 6---Court Fees Act (VII of 1870), S.7(v)(a)(b)(d)---Suits Valuation Act (VII of 1887), S.8---Suit for pre-emption---Valuation of suit-land for determination of jurisdiction of Court---Suit-land was assessed to land revenue and its value for purpose of jurisdiction was determined,, but determined amount was not paid having been exempted by Government- --Land was assessed to Land Revenue, the court-fee was to be computed under S.7(v)(a) & (b) Court Fees Act, 1870, and if it was not assessed to land revenue, the court-fee was to be computed in accordance with S.7(v)(d) of Court-Fee Act, 1870 and valuation of suit was to be determined under S.8 of Suits Valuation Act, 1887---Actual payment of land revenue was not mandatory portion of procedure laid down for assessing suit's value---Land revenue and not its actual payment was payable to Government which was key to procedure for valuation. (c) Azad Jammu…

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