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

Section: 20,20A

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

Section: 20,20A

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 56

Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)-------Ss. 6, 14, 20 & 20-A---Suit for pre-emption---Doctrine of sinker---Applicability---Suit for pre-emption was dismissed by Trial Court, but on appeal, Appellate Court reversed the findings of the Trial Court and decreed the suit---Validity---Vendees had purchased a piece of land during pendency of pre-emption suit just to become co-sharers in the property wherein pre-emptors were sharers at the time of sale-deed, but vendees were not so as they were strangers for the purpose of pre-emption and had improved their status during pendency of pre-emption suit---Vendees were hit by the amendment in S.20 of Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)---Attempt, of transfer, in favour of vendees could not help them for the purpose of pre-emption as they were on the same level with the pre-emptor at the time of sale deed and no more---One of the vendees was found to have associated the said vendees, being strangers for the purpose of pre-emption twice; one at the time of sale deed and for the second time when he transferred a piece of land in their favour during pendency of suit---Said vendee was found having joined deliberately the other strangers with him, he was deemed to have sunk down to the level of his associates and could not be entitled to resist pre-emption suit even qua his own share---Appeal against and decree of the Appellate Court, was dismissed in circumstances. Muhammad Hussain's case 2003 CLC 1073 and Mst. Fateh Bibi's case PLD 1971 Lah. 171 rel. Sardar Noor Akbar Khan for Appellants. Sardar Abdul Khaliq for Respondents. ORDER SARDAR MUHAMMAD NAWAZ KHAN, C.J.--- Through this appeal the judgment and decree passed by learned District Judge Bagh dated 31-8-2004 is under challenge. The relevant facts necessary for decision of this appeal are that Muhammad Sadiq, respondent herein, brought a suit for possession on the basis of pre-emption against Muhammad Mukhtar Khan and others, appellants herein, in the Court of Sub Judge Bagh on 12-6-1997. The learned Judge after due process of law disallowed the suit, consequently, an appeal was taken to the learned District Judge…

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