Law: Constitution of Pakistan 1973

Section: 54

Law: Transfer of Property Act (IV of 1882)

Section:

P L D 1995 Peshawar 22 Writ Petition No.28 of 1991, decided on 14th September, 1994. Constitution of Pakistan (1973)--- ----Art.199---Transfer of Property Act (IV of 1882), S.54---Natural justice, principles of---Maxim "Audi alteram partem"---Order passed in violation of the maxim "audi. alteram partem" (nobody to be condemned unheard) would be a nullity---Maxim "audi alteram partem", embodies well-founded principle of law and even if it was not expressly provided in any statute or rule, it has to be read into it so as to act fairly and justly with due regard to the principles of natural justice---Order in question, whereby land sold to petitioner was cancelled in violation of the principles of audi alteram partem was ab initio void and all subsequent actions taken in pursuance thereof would also be void and without any legal basis: --[Natural justice, principles of--Maxim]. Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC (Pak.) 105 ref. Transfer of Property Act (IV of 1882)----- ----S.54---Sale-deed containing stipulation that if vendee (petitioner) failed to construct building on plot in question, within specified time, same would stand cancelled and the sale amount forfeited ---Vendee, however, could get the period extended on payment of non-utilization fee, which extension was granted from time to time---Sale-deed itself contained therein condition that before cancellation of plot notice of being heard would be served upon vendee ---Cancellation of plot without notice of being heard served upon vendee ---Effect---Letters whereby extension in period of construction was allowed contained warning that if construction was not completed within extended time, plot in question, would stand cancelled---Such warning could not be equated with the requirement of notice to be served upon vendee before cancellation of plot---Order 'of cancellation of plot was, thus, void in circumstances.--[Natural justice, principles of]. Transfer of Property Act (IV of 1882)--- ----S.54---Sale-deed---Cancellation of sale-deed on non-fulfillment of condition of sale by -vendee-and-re-auction of plot---Validity---Issuing of advertisement for re-auction of…