Defendant-vendee vs Plaintiff-pre-emptor — 1961 PLD 69

Citation: 1961 PLD 69

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1961 SC 69

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s):Khawaja Muhammad Sharif, Chaudhry Rahim Dad Khan, Khawaja JUDGMENT Reported As: PLD 1971 Azad J & K 68 Result: Appeal dismissed Judgment JUDGMENT CH, RAHIM DAD KHAN, J.--This second appeal by defendant-vendee, arises out of a suit for pre- emption, in which a pre-emption decree was passed in favour of plaintiff-pre-emptor by the Court of first instance on 30-11-63, subject to the payment of Rs, 9,516. The sale took place in year 1959. The first appellate Court by its order dated 16-10-1964 confirmed the decree of the trial Court but increased the amount to Rs, 12,367 on payment of which the pre-emptor was held entitled to exercise his right of prior purchase. The Azad Government issued the Notification No, 1332-60/ SL/64 (hereinafter to be called the Notification) on 15-10-1964 which was published in Extraordinary Gazette issued on 17-10-1964. In this Notification the Azad Government of the State of Jammu and Kashmir was pleased to declare that "no right of prior purchase shall exist with respect to any sale of land, including the built-up property in Azad Kashmir Territory outside the Mangla Dam affected area, in favour of displaced persons affected by the construction of Mangla Dam, certified to be so affected by the Commissioner, Mangla Dam". Consequently in the second appeal the vendee-appellant also agitated before this Court that the Notification subsequently issued had taken away the right of the pre-emptor,…

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