| Citation(s) |
|---|
| 1980 SLG 2112 1980 SLD 2112 = 1980 PLD 165 |
Civil Revision No. 82 of 1973, decided on 28th November 1979.
Before Muhammad Khurshid Khan, J
Fateh Muhammad Khan for Petitioner. Reader of the Court for minors' L. Rs. of
Respondent No. 2. A. H. Kundi and Fazal Elahi Khan for
Respondents Nos. 4 and 5. Remaining
Respondents: Ex-parte.
FAZAL HALIM--Petitioner
VERSUS
FATEH MUHAMMAD KHAN AND 4 OTHERS-Respondents
Law: West Pakistan Land Reforms Regulation, 1959
Section: 32 (C)
JUDGMENT
Land measuring 64 kanals 17 marlas comprised in Khasra Nos. 1825,/- 1698/9293/1 and 94, and 20 kanals out of 29 kanals, 17 marlas, bearing Khasra No. 1740/95 to 97, situate in Mahal Ziam, Tehsil Charsadda, was resumed under paragraph 16 of the West Pakistan Land Reforms Regula tion, 1959, commonly known as Martial Law Regulation 64 (hereinafter referred to as the Regulation). In pursuance of the provision of paragraph 19 of the Regulation and in exercise of all powers enabling it in this behalf, the West Pakistan Land Commission prescribed a Scheme for the sale of land resumed under the Regulation. Para 32(c) of the Scheme provides that "a purchaser shall not alienate the land by sale, gift, exchange, mortgage or otherwise without the prior permission, in writing, of the Deputy Land Commissioner, provided that the purchaser may mortgage, for the purpose of obtaining a loan, for the development of the purchased land".