SALEEMA BEGUM vs SHER ALI KHAN Ss — 2023 YLR 402 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2023 YLR 402 HIGH-COURT-AZAD-KASHMIR
Year: 2023
Reporter: YLR
Parties: SALEEMA BEGUM vs SHER ALI KHAN Ss
Subject matter: Civil
Provisions referred to: S. 30; S. 29; Kashmir Pre-emption Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SALEEMA BEGUM VS SHER ALI KHAN Ss. 13, 29 & 30---Suit for pre-emption--- Limitation--- Notice of registration of sale deed---Scope---Appellant filed a suit for pre-emption---Trial Court rejected the plaint for being time barred---Appeal filed before District Judge was also dismissed---Validity---Suit was filed after more than 120 days of registration of sale deed---Limitation was not always a mixed question of facts and law, which varied from case to case but in presence of a special law where the limitation was provided as 120 days, the same could not be condoned particularly when the case of the appellant was not that the requisite requirements of S. 30 of the Azad Jammu and Kashmir Pre-emption Act, 2016, pertaining to issuance of notice, registration of sale deed had not been complied with and on account of which it could safely be concluded that registration of sale deed was itself a proclamation for which the case of appellant fell within the ambit of S. 29(a) of the Azad Jammu and Kashmir Pre-emption Act, 2016---As per S. 29 of Azad Jammu and Kashmir Pre-emption Act, 2016, the period of limitation for filing a suit to enforce right of pre-emption had been defined as 120 days from the date of registration of sale deed---Registration of sale deed was a notice to the general public at large---Appeal was dismissed. Citation Name: 2023 YLR 402 HIGH-COURT-AZAD-KASHMIRBookmark this Case SALEEMA BEGUM VS SHER ALI KHAN O. VII, R. 14--- Production of document on which plaintiff sues---Scope---Documents under challenge must be accompanied with the suit.

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