Abdul Aziz vs Abdul Razzak — 1971 PLD 20

Citation: 1971 PLD 20

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1971 Azad J & K 20

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 20 Result: Appeal accepted Judgment JUDGMENT MUHAMMAD SHARIF, C.J.--The Chief Justice by his order dated 3-10-1969, which is reproduced below, referred this appeal to the Full Bench for hearing in order to obtain an authoritative decision on the knotty and difficult points of law arising in this second appeal:-- Abdullah sold the suit land Khasra No, 365 measuring 3 kanals situate in village Panjgran in favour of Abdul Aziz appellant by a sale-deed registered on 8-11-1962 for an ostensible consideration of Rs, 800. Abdul Razzak respondent brought a suit to pre-empt the sale on the ground that it was the joint property of the vendor and the plaintiff-pre-emptor; and that he had on that ground a right of prior purchase as compared to the vendee. He also showed that Rs, 800 had been fixed as the price in the sale-deed in order to ward off pre-emptors and that, in fact, Rs, 400 had been paid; and that was the market value of the suit land. The Sub-Judge framed the following issues:-- (1)Does the plaintiff possess a prior right of purchase over the suit land as compared to the vendees ? O. P. P. (It may be pointed out here that the word has been wrongly entered in the issue because there is only one vendee). (2)Was the price of the suit land fixed at Rs, 800 in good faith and was this price actually paid by the vendee to…

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