Law: Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K)

Section: 14

Law: Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K)

Section: 14

Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)------Ss. 6 & 14---Suit for pre-emption---Superior right of pre-emption---Suit for pre-emption based on the ground of contiguity was decreed by the Trial Court, but Appellate Court reversed findings of the Trial Court and dismissed the suit---Contention of vendees was that suit land under pre-emption could not be decreed in favour of pre-emptors as their own land was not contiguous to other survey numbers mentioned in the sale-deed except one survey number---Validity---Vendor had, sold out suit land measuring 7 Kanals, 14 Marlas as his share in the joint estate total measuring 68 Kanals, 18 Marlas---Transfer of land measuring 7 Kanals, 14 Marlas comprising one survey number was a valid transfer---When, a co-sharer in a. joint property would transfer his share in the joint property and hand over a specific field number in his possession through family partition, such transfer was a valid transfer---Vendee in such a sale would step into the shoes of vendor and would become co-sharer with other co-sharers---When a pre-emptor would pre-empt such property and succeed in his suit for pre-emption, he was to be put in the same position as that of vendee and he would occupy the same position with other co-owners as that of vendee and would become co-sharer in the property in same position under which the original vendor was placed at the time of execution of sale-deed---When survey number in question measuring 7 Kanals, 14 Marlas was in possession of vendor at the time of sale-deed and was handed over to vendees, pre-emptors would occupy the position of vendees in case they succeeded in pre-emption suit---Pre­emptors, in case of decree in their favour, would have nothing to do with other survey numbers mentioned in the sale-deed under pre-emption---Property of pre-emptors was found to be contiguous to the property sold to the vendees---Pre-emptors had superior right of pre-emption as against vendees---Suit by the pre-emptors had rightly been allowed by the Trial Court---Judgment and decree passed by Appellate Court below, were set aside in circumstances and those passed by the Trial Court were upheld by…

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