ALAM DIN vs MUHAMMAD NAWAZ AND Other Case No — 1970 PLD 54

Citation: 1970 PLD 54

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-04-14

Parties: ALAM DIN vs MUHAMMAD NAWAZ AND Other

Headnotes

Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD YOUSAF SARAF, J.-This second appeal has arisen out of the following circumstances:- Land measuring 35 kanals 11 marlas under survey numbers 304 Min, 649 and 263 situate in village Lawasi, Tehsil Muzaffarabad was sold by Mst. Hussaini, daughters of Noor Muhammad through a sale deed registered on 21-10-61 for a sum of Rs.

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif, Khawaja Muhammad Yousaf Saraf Title: ALAM DIN vs MUHAMMAD NAWAZ AND Other Case No.: Civil Appeal No. 27 of 1968 Date of Judgment:1970-04-14 Reported As: PLD 1970 Azad J & K 54 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD YOUSAF SARAF, J.-This second appeal has arisen out of the following circumstances:- Land measuring 35 kanals 11 marlas under survey numbers 304 Min, 649 and 263 situate in village Lawasi, Tehsil Muzaffarabad was sold by Mst. Chahi and Mst. Hussaini, daughters of Noor Muhammad through a sale deed registered on 21-10-61 for a sum of Rs. 1,000 to one Faqir A.I on whose death respondents 1 to 14 were substituted as his legal representatives. The appellant instituted a suit for pre-emption on the basis of his relationship with the vendors. While decreeing the suit in his favour, the subordinate Judge, vide his order dated 30-4-66 directed him to deposit Rs. 200 as balance of the sale price, he having already deposited a sum of Rs. 200 as one-fifth; he was also directed to deposit the costs of stamps and registration up to the extent of Rs. 400 which amounted to Rs. 15 but at the same time was allowed the costs of the suit which amounted to Rs. 36-6-0. The legal representatives of the vendee who went in appeal to the District Judge made an application on 14-11-67 informing tae Court that the decree-holder-pre-emptor had deposited only Rs. 200 in the trial Court and on…

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