Law: North West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance (V of 1971)

Section: 2(a),1(3),4,12

(a) North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance (V of 1971)-------Ss. 1(3), 4 & 12---Sale of project land through sale-deed dated 16-2-1972 without obtaining permission from Commissioner---Validity---Ban imposed on alienation of project land with effect from 6-10-1971 remained in force till 6-10-1986 i.e. till expiry of fifteen years---Such sale was void for having been made during period when same was banned. PLD 1980 Pesh. 165 and 1969 SCMR 254 rel. (b) North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance (V of 1971)--- ----Ss. 4 & 12---Limitation Act (IX of 1908), Art.120---Specific Relief Act (I of 1877), S.42---Suit for declaration---Limitation---Sale of project land---Limitation through sale-deed dated 16-2-1972---Suit challenging such deed filed on 27-9-1995---Plaintiff's plea that last/fresh entry in record of rights made in June, 1994 on basis of such deed gave him fresh cause of action, thus, suit was within time---Validity---Cause of action would arise to a person on basis of entries in record of rights, when he was owner or in possession of land---Parties had not acted upon such deed---Plaintiff was neither owner nor in possession of suit-land, thus, cause of action would not accrue to him from date of such fresh entry---Cause of action on basis of such deed was available to plaintiff from date of its execution i.e. 16-2-1972 and he could file suit on or before 16-2-1978 i.e. within six years---Ban imposed on alienation of project land with effect from 6-10-1971 remained in force till 6-10-1986 i.e. till expiry of fifteen years---Such sale was void for having been made during period when same was banned---Date of accrual of cause of action, if calculated on basis of expiry of such fifteen years, then plaintiff was required to file suit on or before 6-12-1992---Suit filed on 27-9-1995 being time-barred was dismissed in circumstances. PLD 1980 Pesh. 165; 1969 SCMR 254; 2003 CLC 1521 and 2002 CLC 264 rel. (c) Pardanashin lady--- ----Pardanashin lady not accompanied and identified by any of her relative…

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