SHAMAS-UZ-ZAMAN AND OTHERS vs ABDUL GHAFOOR — 1971 PLD 16

Citation: 1971 PLD 16

Court: High Court of Azad Jammu and Kashmir

Year: 1971

Decision Date: 1971-01-06

Parties: SHAMAS-UZ-ZAMAN AND OTHERS vs ABDUL GHAFOOR

Headnotes

Case cited as PLD 1971 Azad J & K 16

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif, Chaudhry Rahim Dad Khan Title: SHAMAS-UZ-ZAMAN AND OTHERS vs ABDUL GHAFOOR Case No.: Civil Appeal No, 33 of 1970 Date of Judgment:1971-01-06 Reported As: PLD 1971 Azad J & K 16 Result: Appeal dismissed Judgment ORDER MUHAMMAD SHARIF, C. J.--The suit land measuring 9 kanals 2 marlas situate in village Katha Piran was purchased by the appellants by a registered sale-deed on 15-10-1964. Abdul Ghafoor respondent brought a suit to pre-empt the sale and a decree was passed in his favour. In the first appeal before the learned District Judge the vendee raised two law points that had not been raised in the trial Court viz. : (1) that the suit was time barred and (2) that the plaintiff-pre-emptor had failed to deposit the Zar-e-Khumas of the purchase price within the time fixed by the Court and therefore the plaint should be rejected. The learned District Judge overruled the first objection of the vendee but dismissed the plaintiff's suit on the ground that the plaintiff had failed to deposit the Zar-e-Khumas within the fixed time The plaintiff-pre emptor then came up in second appeal before this Court and a learned Single Judge of this Court by his judgment and decree dated 7-7- 1970 accepted the appeal holding that the plaintiff had deposited the Zar-e-Khumas within time and setting aside the judgment and decree of the lower appellate Court restored the judgment and decree of the trial Court. The…

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