Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 42

Law: Transfer of Property Act, 1882

Section: 54

(a) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----S. 42---Transfer of Property Act (IV of 1882), S. 54---Suit for declaration---Co-sharer---Sale of land in excess of share---Effect---Mutation---Scope---Sale---Requirements---Vendor was recorded as owner in the entire revenue estate to the extent of land measuring 23 kanals and 11 marlas whereas she sold the land measuring 30 kanals and 6 marlas in Khana-i-Kasht, 06 kanals and 15 marlas in excess of her total entitlement/ownership---Vendor being joint owner and in exclusive possession of the land could validly transfer the land in her possession but same should not exceed her/his entire ownership in the revenue estate/whole property---Co-sharer could not alienate the property more than his share in the whole property in the garb of Hissadari possession---Despite the fact that had transferred her property in column of cultivation, still her name appeared as owner of the land in column of ownership---Sale of suit land through impugned mutation could not be termed as a valid sale---Entries in revenue record/mutation did not confer title on the person who was recorded owner in the column of ownership in the revenue record---No person could transfer better title than he/she himself/herself had---Entries in the revenue record were maintained for fiscal purposes---Impugned mutation was illegal and result of collusion by vendor and vendee with the revenue official---Impugned s and decrees passed by the courts below were set aside---Revision was allowed, in circumstances. Muhammad Muzzafar Khan's case PLD 1959 SC 09; Pakistan in Sajid Khan v. Aya Khan 1986 SCMR 356; Mst. Noor-un-Nisa v. Ghulam Sarwar 1994 SCMR 2087; Abdur Rehman v. Sayed Sultan Ali Shah 1998 SCMR 1589; Khalil Ahmed v. Abdul Jabbar Khan 2005 SCMR 911; Merriam Webster Dictionary and Ali Muhammad v. Chief Settlement and Rehabilitation Commissioner 1984 SCMR 94 rel. (b) Transfer of Property Act (IV of 1882)--- ----S. 54---'Sale'---Meaning. (c) Transfer of Property Act (IV of 1882)--- ----S. 54---'Sale'---Essential elements. (d) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----S. 42---Mutation---Scope. THIS JUDGMENT DELIVERED BY: SYED…

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