Tenancy rights merge into ownership rights upon purchase, and the Right of Prior Purchase Act, 1993 confers the right to acquire land in preference to other persons.

Per Muzaffar Hussain Attar, J.

1. Some litigations, like life, pose complex problems and seek their solutions. Such problems for their resolution require deep understanding and complete knowledge. Fallibility being inherit in human beings perfect results thus may elude. However, an honest, hard and dispassionate effort can cull out answer to such problems. The case in hand, facts whereof are given in brief narration, require an in depth dealing for its resolution.

2. Subhan Bhat and Ramzan Bhat were co-sharers of un-partitioned land. Asad Wani was tenant of Subhan Bhat in respect of some of his land. The appellants are successors-in-interest of Ramzan Bhat and for convenience will be referred to Ramzan Bhat.

3. Respondents 4 to 6 are successors-in-interest of Asad Wani and for convenience will be referred to Asad Wani.

4. Subhan Bhat executed sale deed in favour of Asad Wani in respect of land measuring 3 kanals and 4 marlas comprising of Survey No.165/19 (39,19/min) (hereinafter referred to as "Land") situated at Mangwaji Tehsil Budgam vide sale deed dated 31st of March 1958, which sale deed was registered on 13th April 1958. Ramzan Bhat instituted Civil Original Suit under the Jammu & Kashmir Right of Prior Purchase Act, 1993 (1936 AD), (for short Act of 1993) pleading therein that he having preferential right of prior purchase in respect of the "land", is entitled to a decree thereof against Asad Wani and Subhan Bhat. The suit was decreed by the trial court in faovur of Ramzan Bhat on 21st Dec. 1960. An appeal was filed against the said decree and judgment by Asad Wani. Suit was remanded by the first appellate Court on 31st March 1963. The suit was again decreed by the trial court vide its judgment dated 30th June 1970. The first appeal was dismissed by the first appellate Court on 30th Dec. 1972 and second appeal filed before this court was dismissed by the court vide its judgment dated 29th May 1986. The decree passed in favour of Ramzan Bhat, thus, attained finality. In the suit filed under the Act of 1993, initially seven issues were framed, but later on, on the application of Asad wani, one more issue was framed which reads as under:-

"Whether the defendant No.1 was a tenant of the suit land long before the sale deed was executed. If so, what would be its effects on the suit ? O.P.D"

5. On this issue, the trial court after scanning and appreciating the evidence recorded a finding that Asad wani enjoyed the rights of tenancy over one kanal and eleven marlas of "land". The said finding of the trial court remained un-altered even when the second appeal was dismissed by this Court. The decrees of the trial Court and first appellate Court ultimately merged into the decree and judgment of this Court dated 29th May 1986. During the pendency of the civil second appeal, in view of coming into force J&K Agrarian Reforms Act of 1976 (for short Act of 1976), the matter was referred by this Court to Collector concerned. The Collector concerned in its report dated 8th April 1984 which is part of the record of civil second appeal, opined that none of the parties was cultivating the "land" in kharief 1971 for the reason that it was put on the superdari by the civil court he further opined that whosoever will be declared to be the owner of the land will be deemed to be in possession in Kharief 1971, and the land will vest in such person under the Act of 1976. After passing of the judgment in civil second appeal, an application was filed by Asad wani before the Assistant Commissioner (Collector Budgam). From the order passed by Assistant Commissioner (Collector Budgam), copy whereof, is placed on the record of the appeal, it appears that Asad Wani had made the application praying therein for determination of tenancy rights under the Act of 1976. The Assistant Commissioner (Collector Budgam) dismissed the said application. An appeal came to be filed against the order of Assistant Commissioner (Collector Budgam) before the Joint Commissioner Ag

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