MOHAMMAD YOUNIS Vs. SHABIR AHMAD BATI

JUDGEMENT

(1.) Through the medium of present petition, the petitioner has sought review of judgment dtd. 17/11/2023 passed by this Court in Civil Revision No.36/2016.

(2.) The facts giving rise to the filing of the instant petition are that the respondent had filed a revision petition against order dtd. 27/7/2016 passed by learned Sub Judge, Uri, whereby the objections filed by him against execution of judgment and decree dtd. 16/2/1967 passed by learned Munsiff, Uri, were rejected.

(3.) By virtue of the objections filed by the respondent-judgment debtor before the Executing Court, it was contended that judgment and decree dtd. 16/2/1967 is not executable because this Court in the case of Fazal Khan and Ors vs. Yaqob Khan and Ors. 1988 KLJ 371, has declared the right of pre-emption based on agnatic rule of succession and consanguinity as contained in Sec. 14 (b) 'firstly' and 'fourthly' of the Jammu and Kashmir Right of Prior Purchase Act as unreasonable, unjustified and against the constitutional scheme. On this ground it was urged that the declaration made by this Court in the aforesaid case would operate retrospectively and, as such, judgment and decree dtd. 16/2/1967, that was based on right of pre-emption in terms of 14 (b) 'firstly' and 'fourthly' of the J&K Right of Prior Purchase Act, has become unexecutable.