S HAZARA SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) Vide Sale Deed executed on 06.04.2002 and registered on 09.04.2002, land measuring 01 Kanal and 16 Marlas 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 05.03.2010, 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.