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MUHAMMAD SHARIF versus MUHAMMAD ILYAS

Property Act 1882 Section 52 Azad Jammu and Kashmir Right to Pre-Purchase Act, 1993 (BK), Section 6 Azad Jammu and Kashmir Interim Authorization Act (VIII of 1974), Sections 42 and 44 of the Transfer of Land (in favor of Right to Life) Appeal / Transfer Applicable to the Appeal / Transfer Appeal / Transfer Prior to the Supreme Court, the Appellant / Transfer obtained a contract of sale in respect of the suit land relating to the suit land under pre-emption. Was approved in favor. Subsequently, the appellate court canceled when the appellant / transfer purchased the land during the approval of the suit, so it was not a necessary party to the suit or appeals, making such transfer in view of section 52 of the Transfer of Property Act 1882. Could not be considered necessary. Transfer / Respondent-approved party and the decree may be processed as a party to the transfer without the transfer being enforced, whether or not the appellant / exchange is a necessary party, seen in light of the relief sought. It was held that the appellant / transfer had purchased the land during the suit, no relief was sought against it as there was no necessary party in the suit or appeal, under which the appellant had no right to it. Challenge decree was granted on behalf of the respondents on the basis of the right of adverse possession, especially when the appellant had no locus standi to file the appeal. famous lower court advocate from Poonch lawyer