| Citation(s) |
|---|
| 1964 SLG 189 1964 SLD 189 = 1964 PLD 572 |
Supreme Court of Pakistan
Presented By:
Presented By:
Law:
Section:
(a) Evidence Act (I of 1872), S. 115‑Estoppel‑Punjab Alienation of Land Act (XIII of 1900), Ss. 3 and 14 Party, getting its caste changed, in revenue papers, from "Rajput Minhas" to "Sheikh", and selling its "land" to Sikh "non‑agriculturists " Later, getting its caste restored to "Rajput Minhas" in revenue papers, and claiming to undo earlier sales, under provisions of S. 14, Punjab Alienation of Land Act (X111 of 1900)‑Estopped from pleading that party was a member of a "notified agriculturist tribe"‑Vendees not privy to proceedings for change of caste Maxim : Nullus commodum capere potest de injuria sua propria (No man shall take advantage of his own wrong) Principle: "No estoppel against statute" not applicable‑[Cases of minors profiting from their own fraud distinguished]. In 1913 the predecessors‑in‑interest of the appellants got their caste as entered m revenue papers, changed from "Rajput Minhas" to "Sheikh", and having first mortgaged their land in the same year to certain Sikh non‑agriculturists, later sold it out to the mortgagees in the years 1938, 1939, 1940. After failure of a first attempt by successors‑in‑interest of the vendors, in 1941 to get their caste restored to "Rajput Minhas", a second application for the same purpose preferred by the appellants in 1946 was successful, and their caste was restored to "Rajput Minhas". The appellants then proceeded to recover their land from the Rehabilitation Authorities (the vendees having become evacuees in the meantime) on the plea that their predecessors‑in‑interest, being "Rajput Minhas", sales made by them took effect as mortgages for 20 years under section 14, Punjab Alienation of Land Act (XIII of 1900) and that that period having elapsed, the land should be restored to them. They succeeded in getting such a declaration from the Deputy Custodian of Evacuee Property) under section 18, Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949). Appeal to the Custodian from the decision of the Deputy Qustodian went against them;‑ and later, a…