Khursheed Ahmad Lone And Ors vs Mehrajud Din Lone And Ors
2026 Latest Caselaw 2191 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Khursheed Ahmad Lone And Ors vs Mehrajud Din Lone And Ors on 9 April, 2026

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                       Serial No. 78
                                                                       Regular Cause List.


      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                                    RFA 27/2023
                                   CM(5326/2023).

KHURSHEED AHMAD LONE AND ORS.
                                                                    ...Appellant (s)
             Through:      Mr. G.J. Bala, Advocate.
                                          VERSUS

MEHRAJUD DIN LONE AND ORS.

             Through:      Mr. Showkat Ali Khan, Advocate.
                                                                   ...Respondent(s)
CORAM:
    HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
                                    ORDER

09-04-2026

01. Through the medium of the present appeal, the appellants have

challenged judgment dated 7th of July, 2023 passed by the learned 1st Additional

District Judge, Srinagar, in a pre-emption Suit filed by them. Vide the impugned

judgement the learned trial court has dismissed the Suit of the appellants.

02. After promulgation of the Jammu and Kashmir Reorganisation Act,

2019, the Jammu and Kashmir Right of Prior Purchase Act stands repealed.

Consequently, the right of pre-emption, if any, available to the appellants, has

ceased to exist. It is settled law that a suit filed for enforcing right of pre-emption

can be allowed only if the said right is available not only at the time of filing of

the suit for pre-emption but also at the time of passing of the decree. In this regard,

reference is made to the judgment passed by the Supreme Court in case titled

"Punyadeo Sharma and others etc V. Kamla Devi and others etc" 2022

LIVELAW (SC) 22.

03. In the instant case, the suit for pre-emption filed by the appellants

already stands dismissed. Even prior to the filing of the present appeal, the Jammu

and Kashmir Right of Prior Purchase Act has been repealed. With its repeal, the

right of pre-emption of the appellant stood abolished at a time when a decree is

yet to be passed in favour of the appellants. Therefore, after repeal of right of

Prior Purchase Act, the suit of the appellants cannot survive and consequently, the

present appeal also does not survive.

04. In view of the above background, the instant appeal is dismissed.

(Sanjay Dhar) Judge

SRINAGAR 09-04-2026 Showkat Khan