SARDAR MUHAMMAD SARWAR KHAN versus MUHAMMAD NAWAZ KHAN
Section 4 of the Transfer of Property Act (IV of 1882), section 454 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), section 42 suit pre-privilege scope sale and contract sale agreement in which the title of ownership or ownership was transferred Sell and otherwise use this right when the title to the property was transferred in accordance with the provisions of section 4 of the Azad Jammu and Kashmir Right of Preferred Purchase Act 1993 (BK), if the alien is of this nature Would have To which the title / ownership of the property was transferred, the court was given the option to treat similar sales for the purpose of the said act, but where no title or ownership transfer occurred, Cannot be considered as a sale. Separation was not a sale, the question of the right to self-determination would not arise under section 44, the sale of a real estate contract, the Transfer of Property Act, 1882, was such a condition that such reasonable sale would be done on the terms agreed between the parties. Will do. And it did not create any interest in such property itself, nor in the case of a contract sale agreement, did the parties deal with the specific action taken on the sale deed or obtaining an order for specific performance by the parties. Had to be raised in the present. The case was presented in advance, based solely on the seller's contract, which was not sold, and there was no right to a pre-arrest agreement, in which case both the courts had rightly stated that on the basis of the plaintiff. There is no reason to take action. The High Court's sale agreement did not extend deep to the correct understanding of the word distinction
Related judgments — Supreme Court Azad Kashmir, 2012