AZAD KHAN vs ABDUL LATIF AND OTHERS — 1963 PLD 81

Citation: 1963 PLD 81

Court: High Court of Azad Jammu and Kashmir

Year: 1971

Decision Date: 1971-03-27

Parties: AZAD KHAN vs ABDUL LATIF AND OTHERS

Headnotes

Case cited as PLD 1963 Azad J & K 81

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Sardar Muhammad Sharif Khan Title: AZAD KHAN vs ABDUL LATIF AND OTHERS Case No.: Civil Appeal No, 26 of 1970 Date of Judgment:1971-03-27 Reported As: PLD 1971 Azad J & K 49 Result: Order accordingly Judgment ORDER The facts giving rise to this second civil appeal are that Abdul Latif and Mohammad Sharif obtained land Khasra No, 130 measuring 7 kanals situate in village Shawai Tehsil Muzaffarabad from Imam Din (whose legal representatives respondents Nos, 3 to 9 are) and Yasin respondent No, 10 by a registered deed dated 23-4-1960 on a mortgage for 90 years. On 31-8-1960 Azad Khan instituted the suit in the Court of the Additional Sub-Judge, Muzaffarabad, for pre emption claiming that the transaction was, in fact, a sale and that the land had been, in fact, sold for Rs, 1,400 though a fictitious price of Rs, 2000 had been entered in the sale. The Additional Sub-Judge by this judgment dated 29-6-68 decreed Azad Khan's suit on the basis of the right of prior purchase on payment of Rs, 2,000. The defendants then went up in appeal before the District Judge, Muzaffarabad, who by his judgment and decree dated 30-4-70 dismissed the plaintiff's suit with costs on the ground that the ground of contiguity on which the plaintiff based his right of prior purchased did not give rise to a right of prior purchase as the property was agricultural land and not urban immovable property. The plaintiff has now come up in second appeal…

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