| Case ID |
096cde87-7d94-4a81-8006-6370d331ef06 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.65 of 1992 |
| Decision Date |
Jul 14, 1993 |
| Hearing Date |
|
| Decision |
The appeal by the defendants was accepted, and the judgment and decree of the learned District Judge, Mirpur, dated 14-4-1992 was set aside. It was determined that the plaintiff had waived his right of prior purchase by refusing to purchase the land when it was offered to him. The court emphasized that the pre-emptor must have been given a fair opportunity to purchase the property, and since the plaintiff refused the offer, he could not claim the right of pre-emption. The court noted that the law of pre-emption is viewed as a law of piracy, and reiterated that a strict proof of waiver is necessary. The plaintiff’s refusal to purchase the land at a lower price than it was sold for constituted a waiver of his right. |
| Summary |
This case revolves around the application of the Azad Jammu and Kashmir Right of Prior Purchase Act, 1993, particularly focusing on the principles of waiver and pre-emption. The dispute arose when the plaintiff's ancestor attempted to pre-empt the sale of land, which included a mango tree, asserting a right of prior purchase against the defendants who had purchased the property. The court analyzed the implications of waiver, noting that the pre-emptor had previously refused an offer to purchase the land, which effectively relinquished his right to claim pre-emption later. The ruling highlighted that the law of pre-emption is stringent and often criticized as being excessively protective of the seller's rights. The decision is significant as it clarifies the conditions under which a waiver of the right to pre-emption can be established, emphasizing the necessity for the pre-emptor to act within a reasonable timeframe when offered the opportunity to purchase. This case serves as a crucial reference for legal practitioners dealing with property rights and pre-emption laws in the region. Keywords: pre-emption, waiver, property rights, Azad Jammu and Kashmir, High Court, legal decision, land sale. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD RIAZ AKHTAR CHAUDHARY, J
|
| Lawyers |
Nazir Ahmed Ghauri,
Ch. Shah Wali,
M.Y. Surakhvi
|
| Petitioners |
another,
MUHAMMAD BASHIR
|
| Respondents |
4 others,
ALMA BIBI
|
| Citations |
1993 SLD 251,
1993 PLD 168
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K)
|
| Sections |
18,
6
|