| Citation(s) |
|---|
| 2003 SLG 902 2003 SLD 902 2003 SCMR 549 |
Supreme Court of Pakistan
Civil Petition No. 223-L of 1999, decided on 23rd May, 2002. (On appeal from the judgment/order dated 2-12-1998 passed by Lahore High Court, Lahore in Writ Petition No. 42-R of 1996)
IFTIKHAR MUHAMMAD CHAUDHRY, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Irshad Ullah Chattha, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Sh. Abdul Aziz, Advocate Supreme Court and Tanvir Ahmad Khan, Advocate-on-Record for
Respondents
Civil Petition No. 223-L of 1999, decided on 23rd May, 2002. (On appeal from the judgment/order dated 2-12-1998 passed by Lahore High Court, Lahore in Writ Petition No. 42-R of 1996)
IFTIKHAR MUHAMMAD CHAUDHRY, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Irshad Ullah Chattha, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Sh. Abdul Aziz, Advocate Supreme Court and Tanvir Ahmad Khan, Advocate-on-Record for
Respondents
TALIB HUSSAIN and others
VS
MEMBER, BOARD OF REVENUE and others
Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
Section: 2,3,4
Law: Transfer of Property Act, 1882
Section: 41
Law: Displaced Persons (Land Settlement) Act, 1958
Section: 10,11
(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2, 3 & 4---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11---Transfer of Property Act (IV of 1882), S.41---Evacuee land--Allotment in favour of vendor not being a Mukhbar was found to be fraudulent and was cancelled ---Vendees claimed protection of S.41 of Transfer of Property Act, 1882, for having purchased land from vendor, who was its ostensible owner---Validity---Entitlement of vendees was based upon entitlement of vendor ---Vendees were to survive or sink with vendor depending upon determination of legal status of the property transferred to vendor---Vendor having failed to keep his entitlement alive, vendees claim was bound to be rejected. (b) Fraud-- ---- Fraudulent transaction ---Effect---Fraudulent transaction vitiates even most solemn proceedings---Such transaction has no foundation to stand upon--Whenever such transaction is declared null and void, then whole series of such order alongwith superstructure built upon same is bound to collapse. Yousuf Ali v. Muhammad Aslam Zia PLD 1958 SC (Pak.) 104; Ghias-ud-Din v. Iqbal Ahmad and 5 others PLD 1975 Lah, 780; Lal and another v. Muhammad Ibrahim 1993 SCMR 710; Government of. Sindh through Chief Secretary and others v. Khalil Ahmad and others 1994 SCMR 782; John Paul v. Irshad Ali and others PLD 1997 Kar. 267; Mst. Sarwari Begum v. Atta-ur-Rehman 1997 CLC 1500 and Muhammad Yaqoob v. The State 1997 PCr. LJ 1979 ref. (c) Transfer of Property Act (IV of 1882)--- ----S.41---Evacuee property---Protection of S.41 of the Transfer of Property Act was not available to a vendee of evacuee property. Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53; Manzoor Hussain v. Fazal Hussain and others 1984 SCMR 1027; Gul Muhammad and others v. The Additional Settlement Commissioner and others 1985 SCMR 491; Ejaz Ahmad Khan v. Chahat and others 1987 SCMR 192; Mst. Resham Bibi v. Mst. Elahi Sain PLD 1991 SC 1034 and Sufi Zaheer Ahmad through Legal Heir v. Chief Settlement and Rehabilitation Commissioner and others 1993 MLD 195 fol. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to…
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