The Right of Prior
Purchase Act, 1993 (1936. A.D.) (Repealed)
Act No. 2 of 1993
[Received assent of His Highness the Maharaja
Bahadur on 9th April, 1936/28th Chet, 1992 and published in Government Gazette,
dated 14th Baisakh, 1993 (Extraordinary).]
Whereas it is expedient to grant the right of
prior purchase under certain circumstances in certain immovable property, it is
hereby enacted as follows:---
1. Short title and Extent.- (1) This Act
may be called the Jammu and Kashmir Right of Prior Purchase Act, 1993.
(2) It shall extend to the whole of Jammu and
2. Repeal of enactments.- (1) The
pre-emtion Regulation 1977 is hereby repealed, and the words “right of prior
purchase” shall be substituted for the word “pre-emption” wherever it occurs in
any of the enactments, at present, in force within the State.
(2) Nothing in this Act shall effect the
provisions of order XXI, Rule 88 of the Code of Civil Procedure and section 60
of the Jammu and Kashmir Tenancy Act, 1980.
(3) All suits, appeals and proceedings pending at
the commencement of this Act shall, so far as may be, be governed by the
procedure laid down in this Act.
3. Definitions.- In this Act, unless there
is anything repugnant in the subject or context,-
(1) “agricultural land” means land as defined in
the Jammu and Kashmir Alienation of Land Act Svt, 1995, but shall not include
the right of a mortgagee whether usufructuary or not in such land ;
(2) “village immovable property” shall mean
immovable property within the limits of the village, other than agricultural
(3) “urban immovable property” shall mean
immovable property within the limits of a town ;
For the purpose of this Act any specific area may
be considered as a town :-
(a) if it is declared as such by the Government by
a notification in the Government Gazette ; or
(b) if so found by the court;
(4) “member of an agricultural class” and
“agricultural classes” shall have the meanings assigned to them respectively in
the Jammu and Kashmir Alienation of Land Act, Svt., 1995.
(5) “sale of land” shall not include sale in
execution of a decree for money or of an order of a Civil, Criminal or Revenue
Court or of a Revenue Officer,
(6) any expression which is defined by section 3
of the Land Revenue Act, 1996, shall subject to the provisions of this Act, have
the meaning assigned to it in the said Act,
4. Right of prior purchase, application of.-
The right of prior purchase shall mean the right of a person to acquire
agricultural land or village immovable property or urban immovable property in
preference to other persons, and it arises in respect of such land only in case
of the sales, and in respect such property only in case of sales or of
foreclosures of the right to redeem such property.
Nothing in this section shall prevent a Court from
holding that an alienation purporting to be other than a sale is in effect a
5. No right of prior purchase in respect of
certain buildings.- No right of prior purchase shall exit in respect of the
sale of or foreclosure of a right to redeem,-
(a) a shop, serai or market or some other property
used as a place for transaction of public business;
(b) a dharmsala, place of worship or other similar
Explanation.- In determining what building
comes within the preview of this section the character of the accommodation
provided therein, the place where the building is situate and the main use to
which it naturally and most advantageously is adopted shall among other matters
be taken into consideration.
(a) A building adopted to use as a shop and
situate in business quarters does not cease to be a shop by reason of limited
accommodation in its upper story for resident purposes.
(b) A residential house does not lose that
character merely because business has been or is carried on occasionally in a
6. No right of prior purchase in certain areas.-
(1) Except as may otherwise be declared, no right of prior purchase shall exist
within any cantonment area.
(2) The Government may declare by notification in
the Government Gazette that in any local area or with respect to any property or
class of property of with respect to any sale or class of sales no right of
prior purchase or only such limited right as the Government may specify, shall
7. No right of prior purchase in respect of
certain sales.- Notwithstanding any thing in this Act, a right of prior
purchase shall not exist in respect of any sale made by or to the State or by or
to any local authority or to any company for public purposes under the
provisions of the Land Acquisition Act or in respect of any sale sanctioned
under section 5 of the Jammu and Kashmir Alienation of Land Act, Svt. 1995.
8. Right of prior purchase exists under certain
conditions in agricultural and village immovable property.- Subject to the
provisions of sections 5, 6 and 7, a right of prior purchase shall exist in
respect of agricultural land, village immovable property and urban immovable
property, but every such right shall be subject to all the provisions and
limitations in this Act contained.
9. Party to alienation cannot claim right of
prior purchase.- In the case of a sale by joint-owners, no party to a sale
shall be permitted to claim a right of prior purchase.
10. Sum deposited by persons claiming right of
prior purchase not to be attached.- No sum deposited or paid into Court by a
person claiming right of prior purchase under the provisions of this Act or the
Civil Procedure Code shall, so long as it is in the custody of the Court, be
liable to attachment in execution of any decree or any order of a Civil,
Criminal or Revenue Court or any order of a Revenue Officer.
Persons in whom the Right of Prior Purchase vests
11. The law determining the right of prior
purchase.- In respect of all sales and foreclosures, not completed before
the commencement of this Act, the right of prior purchase shall be determined by
the provisions of this Act.
12. Joint right of prior purchase how exercised.-
Whenever, according to the provisions of this Act, a right of prior purchase
vests in several persons, the right may be exercised by all such persons Jointly
13. Limit of exercise of the right in respect
of land sold by member of an agricultural class.- No person other than a
person who was at the date of sale a member of an agricultural class shall have
a right of prior purchase in respect of agricultural land sold by another member
of an agricultural class.
[14. Persons in whom right of prior purchase
vest in respect of sales of agricultural land and village immovable property.-
Notwithstanding anything contained in any Law, rule or custom but subject to the
provisions of section 13, the right of prior purchase in respect of agricultural
land and village immovable property shall vest.-
(a) Where the sale is by sole owner or occupancy
tenant or, in the case of land or property jointly owned or held, by all the
Firstly - in the tenant cultivating such land
where the sale is of agricultural land in the tenant occupant thereof where the
sale is of village immovable property ; and
Secondly - in the person in order of succession
who but for such sale would be entitled on the death of the vendor or vendors,
to inherit the land or property sold;
(b) When the sale is of a share out of the joint
property and is not made by all the co-shares jointly-
Firstly - in the lineal descendants of the vendor
in order of succession.
Secondly - in the co-shares, if any;
Thirdly - in the tenant cultivating such land
where the sale is of agricultural land and in the tenant occupant when the sale
is of village immovable property; and
Fourthly - in the person not included under the
above categories in order of succession, who but for such sale would be on the
death of the vendor entitled to inherit the land or property sold.
(c) if no person having the right of prior
purchase under clauses (a) and (b) exercises it then-
Firstly - in the owners of the mahal wherein such
agricultural land or property is situate; and
Secondly - in the tenants other than those
15. Persons in whom right of prior purchase
vests in urban immovable property.- The right of prior purchase in respect
of urban immovable property shall vest,-
Firstly - in the co-shares of such property, if
Secondly - Where the sale is of the site of the
building or other structure, in the owners of such building or structure;
Thirdly - where the sale is of property having a
stair case common to other properties, in the owners , of such properties;
Fourthly - where the sale is of a property, having
a common outer entrance with other properties, in the owners of such properties.
Fifthly - where the sale is of a servient
property, in the owners of the dominant property, and vice versa;
[Sixthly - in the tenant occupant thereof;]
16. Exercise of the right of prior purchase
where several persons equally entitled.- Where several persons are four by
the Court to be equally entitled to the right of prior purchase, the said right
shall be exercised.
[(a) if they claim as cultivating tenants, in
proportion among themselves to the area respectively held by them as such
tenants and if they claim as tenant occupants in proportion among themselves to
the property respectively held by them as such tenant occupants.]
[(aa) if they claim as co-shares, in proportion
among themselves to the shares they already hold in the land or property;]
(b) if they claim as heirs whether co-shares or
not, in proportion among themselves to the shares in which but for such sale
they would inherit the land or property in the event of the vendor's death
without other heirs;
(c) if they claim as owners of the mahal, in
proportion among themselves, to the shares which they already hold in the mahal;
[(d) if they claim as non-cultivating tenants, in
proportion among themselves to the area respectively held by them as such
[Explanation.- For purposes of this section
and section 14, “Cultivating tenant” means a tenant who cultivates the land
himself (khudkasht Mazaria).]
17. Provisions of section 14 and 16 applicable
to foreclosures mutatis mutandis.- In the case of a foreclosure of the right
to redeem village immovable property, the provisions of sections 14 and 16 and
in the case of a foreclosure of the right of redeem urban immovable property,
the provisions of sections 15 and 16 shall be construed by the Court with such
alterations, not affecting the substance, as may be necessary or proper to adapt
them to the matter before the Court.
18. Notice to persons having right of prior
purchase.- When any person proposes to sell any agricultural land or village
immovable property or urban immovable property, or to foreclose the right to
redeem any village immovable property, or urban immovable property, in respect
of which any person have a right of prior purchase, he may give notice to all
such persons of the price at which he proposes to sell such land or property, or
of the amount due in respect of the mortgage, the case as may be.
Such notice shall be given through any Court
within the local limits of whose jurisdiction such land or property is situate
and shall be deemed sufficiently given if it is served in accordance with the
provisions of Order V of the Code of Civil Procedure.
19. Notice by a person claiming right of prior
purchase to vendor.- The prior right of any person shall be extinguished
unless such person shall, within the period of three months from the date on
which notice under section 18 is duly given and served, or within such further
period not exceeding one year from such date, as the Court may allow, present to
the Court a notice for service on the vendor or mortgagee of his intention to
enforce his right of prior purchase. Such notice shall state whether the person
intending to exercise the right accepts the price or amount due on the footing
of the mortgage as correct or not, and if not what sum he is willing to pay.
When the Court is satisfied that the said notice
has been duly served on the vendor or mortgagee, the proceeding shall be filed.
20. Suit to enforce right of prior purchase.-
Any person entitled to a right of prior purchase may, when the sale or
foreclosure has been completed, bring a suit to enforce that right.
21. Plaintiff may called upon to make deposit
or file security.- (1) In every such suit the Court shall, at, or at any
time before, the time of settlement of issues, require the plaintiff to deposit
in the Court such sum as in the opinion of the Court equal to one-fifth of the
probable value of the land or property, or require the plaintiff to give
security to the satisfaction of the Court for the payment of a sum not exceeding
such probable value within such time as the Court may fix in such order.
(2) In the case of an appeal, the Appellate Court
may at any time exercise the powers conferred on a Court under sub-section (1).
(3) Every sum deposited or secured under
sub-section (1) or (2) shall be available for the discharge of costs.
(4) If the plaintiff fails within the time fixed
by the Court or within such further time as the Court may fix to make the
deposit or furnish the security under sub-section (1) or (2), his plaint shall
be rejected or his appeal dismissed, as the case may be.
(5) (a) If the plaintiff withdraws any amount
deposited in the aforesaid manner, his suit or appeal shall be dismissed.
(b) If any security furnished for any cause
becomes void or insufficient, the Court shall order the plaintiff to furnish
fresh security or to increase the security, as the case may be, within a time to
be fixed by the Court, and if the plaintiff fails to comply with such order, the
suit or appeal shall be dismissed.
(6) The estimate of the probable value made for
the purpose of sub-section (1) shall not affect any decision subsequently come
to as to the market value of the property.
22. Special conditions relating to sale of
agricultural land.- No decree shall be granted in a suit to enforce right of
prior purchase in respect of the sale of agricultural land until plaintiff has
satisfied the Court-
(a) that the sale in respect of which right is
claimed is not in contravention of the Alienation of Land Act;
(b) that he is not debarred by the provisions of
section 18 of this Act from exercising the right of the prior purchase.
23. Procedure if sale contravenes Land
Alienation Act.- In a suit to enforce the right of prior purchase in respect
of a sale of agricultural land if the Court finds that the sale is in
contravention of the Alienation of Land Act the court shall dismiss the suit.
24. Fixing of price for purposes of a suit in
case of Sale.- (1) If in the case of a sale the parties are not agreed as to
the price at which the person having right of prior purchase shall exercise his
right, the Court shall determine whether the price at which the sale purports to
have taken place has been fixed in good faith or paid and if it finds that the
price was not so fixed or paid, it shall fix as the price for the purposes of
the suit the market value of the land or property.
(2) If the Court finds that the price was fixed in
good faith or paid, it shall fix such price as the price for the purposes of the
Provided that, when the price at which the sale
purports to have taken place represents entirely or mainly a debt greatly
exceeding in amount the market value of the property, the Court shall fix the
market value as the price of the land or property for the purposes of the suit
and may put the vendee to his option either to except such value as the full
equivalent of the consideration for the original sale or to have the said sale
cancelled and the vendor and vendee restored to their original position.
25. Fixing of price for purposes of suit in
case of the foreclosure.- If in the case of a foreclosure the parties are
not agreed as to the amount at which a person having a right of prior purchase
shall exercise his right, the Court shall determine whether the amount claimed
by the mortgagee in due under the terms of the mortgage and whether it is
claimed in good faith. It if finds that the amount is so due and is claimed in
good faith, it shall fix such amount as the price for the purposes of the suit
but if it finds that the amount is not so due or, though due, is not claimed in
good faith, it shall fix as the price for the purposes of the suit the market
value of the property.
26. Market value how to be determined.- For
the purpose of determining the market value, the Court may consider the
following among other matters as evidence of such value:---
(a) the price or value actually received or to be
received by the vendor from the vendee, or the amount really due on the footing
of mortgage, as the case may be;
(b) the amount of interest included in such price,
value or amount;
(c) the estimated amount of the average annual net
assets of the land or property;
(d) the land revenue assessed upon the land or
(e) the value of similar land or property in the
(f) the value of the land or property as shown by
previous sales or mortgages.
27. Concurrent hearing of suits.- When more
suits than one arising out of the same sale or foreclosure are pending, the
plaintiff in each suit shall be joined as defendants in each of the other suits,
and in deciding the suits of the Court shall in each decree state in order in
which each claimant is entitled to exercise his right.
28. Copy of decree to be sent to Deputy
Commissioner; his power to apply for revision.- (1) The Court shall send to
the Deputy Commissioner concerned a copy of every original decree granted right
of prior purchase other than a decree granted right of prior purchase in respect
of a building or site to a building in a town or sub-division of a town, and the
Deputy Commissioner may, within two months from the date of receipt of such
copy, apply to the Court which the appeal in the suit would lie, or if no appeal
lies, to the Court to which a revision would lie for the revision of the decree
on the ground that the decision of the Court of first instance is contrary to
the provisions of the Alienation of Land Act.
(2) Such an application shall not be liable to
stamp duty and the provisions of the Code of Civil procedure as regards appeals
shall apply, as far as may be, to the Procedure of the Appellate Court on
receipt of such application.
(3) No appearance by or on behalf of the Deputy
Commissioner shall be deemed necessary for the disposal of the application.
29. Limitation.- In any case not provided
for by Article 10 of the second Schedule of the Limitation Act, Svt., 1995, the
period of limitation in a suit to enforce a right of prior purchase shall be one
(a) in the case of a sale of agricultural land or
village immovable property, from the date of attestation (if any) of the sale by
a Revenue Officer having jurisdiction in the register of mutations maintained
under the Land Revenue Act; or
from the date on which the vendee takes under the
sale physical possession of any part of such land or property ; whichever date
shall be earlier;
(b) in the case of a foreclosure of the right to
redeem village property or urban immovable property, from the date on which the
title of the mortgagee to the property becomes absolute;
(c) in the case of a sale of urban immovable
property, from the date on which the vendee takes under the sale physical
possession of any part of the property.
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