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1971 Supreme(J&K) 43

S.MURTAZA FAZAL ALI, MIAN JALAL-UD-DIN, JASWANT SINGH, JANKI NATH BHAT
Jabar Bhat – Appellant
Versus
Ashmi – Respondent


Advocates Appeared:
Advocate For Appellant: Amar Nath Raina
Advocate For Appellant: J.N. Bhan

1. This civil Second appeal arises out of a suit for the exercise of right of prior Purchase with respect to the sale of 7 Kanals 13 marlas of land in Khewat No. 38, comprising survey Nos. 820-min, 4 Kanals 17 marlas No. 1736-min, 1 kanal, No. 1716, 17 marlas and No. 1736-min 19 marlas, situate in village Ludura Tehsil Sopore by Rehman Dar in favour of Jabar Bhat, Mohammad Bhat, Ali Bhat and Ahad Bhat for a consideration of Rs, 3,500/- vide sale deed dated 10-2-1965 and registered on the same date. Mst. Ashmi plaintiff sought to pre-empt this sale on the ground that she and defendant No. 5 Rahman Dar vendor, descended from a common ancestor and she was a co-sharer in the land; that the defendants 1 to 4, the vendees, had no right as compared to her to purchase this land; that the sale price was only Rs. 1,500/- The suit was resisted on various grounds, denying the right of the plaintiff to institute the suit and at the same time alleging waiver, payment of consideration of Rs. 3,500/- and improvements. Later on during the pendency of the suit the original vendor Rahman Dar sold further four Kanals of land by means of a sale deed dated 23-5-1967 situate in the same village from the
















































































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