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2012 Supreme(J&K) 345

MOHAMMAD YAQOOB MIR
S. Hazara Singh – Appellant
Versus
Ajit Singh & Another – Respondent


Advocates Appeared:
For the Appellant : Nirmal Kotwal.
For the Respondents: Rajnesh Oswal.

1. Vide Sale Deed executed on 6-4-2002 and registered on 9-4-2002, land measuring 1 Kanal and 16 Marias covered by Khasra No. 178-B min, Khata No. 474, Khewat No. 125 situated at village Kour, Tehsil R.S. Pura, Jammu has been sold by respondent No. 1 to respondent No. 2. The Mutation based on said Sale Deed has been attested in the year 2010 by the concerned Revenue Officer.

2. The petitioner claimed to have superior right of purchase but notice as was required to be served upon him in terms of Section 18 of the Jammu and Kashmir Right of Prior Purchase Act, 1993, has not been issued at all.

3. It is only on 5-3-2010, when according to him, respondent No. 2 (Vendee) tried to enter upon the land in question, he gained knowledge about the execution of the Sale Deed and attestation of the Mutation, therefore, has filed suit for enforcement of his right of prior purchase in the year 2010, i.e. after more than eight years from the date of execution of Sale Deed.

4. The respondents have resisted the suit and in the written statement projected various grounds which include limitation, as such, have claimed that the suit is time barred.

5. On the basis of the respective pleadings of the partie



























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