Court : Jammu and Kashmir
Decided on : Feb-19-1988
Reported in : AIR1989J& K43
Bhat, J.1. These four appeals are being decided by a common judgment. Appellant in all these appeals is the preemptor. He brought four different suits on the basis of right of prior purchase in respect of four different sale deeds against four different vendees. The trial court directed the appellant to deposit the l/5th of the probable value of the suit property in cash under Section 21 of the Right of Prior Purchase Act This order was made in all the suits on 21-12-1984. The appellant, pre-emptor, however did not deposit the said amount. Instead he moved an application for permission to furnish security in lieu of 1/5th of the probable value. This application was dismissed in all the suits. Thereupon the appellant seems to have taken a revision to the High Court. The High Court directed the trial Court to pass a reasoned order and remanded that case back to it after setting aside the order under revision. All the suits were, later on transferred to the file of the District Judge.2. T...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-08-1988
Reported in : AIR1989J& K32
G.A. Kuchhai, J.1. This civil second appeal by the plaintiffs/appellants is against the decision dt. 21-2-1976 passed by District Judge, Baramulla, in an appeal, against the judgment and decree dt. 29-9-1975 passed by Sub-Judge, Baramulla, decreeing the suit under Right of Prior Purchase Act.2. Briefly stated, the facts of the case are that in exercise of right of prior purchase, the appellants/plaintiffs brought a suit against the defendants/respondents for possession of 19 marlas of land under survey No. 366 khewat No. 2 situate at village Tangmulla Tehsil Sopore. The trial court Sub Judge, Baramulla decreed the suit with condition to the appellants/plaintiffs to deposit purchase money ascertained during trial by 1-11-1975, which had been disputed by the appellants. The appellants filed civil first appeal before the District Judge, Baramulla on the sole point of wrong determination of purchase money. The District Judge, Baramulla, vide his judgment indicated dismissed the appeal and ...
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