Law: West Pakistan Land Reforms Regulation, 1959

Section: 12 , 115

West Pakistan Land Reforms Regulation, 1959 [M.L.R.64]-- ----Paras. 3, 4,25 & 27---North-West Frontier Province Pre-emption Act (XIV of 1950), S. 12---Civil Procedure Code (V of 1908), S. 115---Transactions in violation of Martial Law Regulation 64---Jurisdiction to annul---No specific issue regarding jurisdiction of Civil Court was framed by Trial Court or dilated upon by Appellate Court---Effect---Answer to question whether para. 25 of Martial Law Regulation 64, invalidated transaction in question, or not, was one falling within exclusive functions of Land Commission/Chief Land Commissioner who were charged with the duty of implementing provisions of Martial Law Regulation 64- -Trial Court and Appellate Court had no jurisdiction to grant declaration to the effect that transaction in question, was violative of Martial Law Regulation 64-- Plaint in normal course should have been returned to plaintiff for presentation to proper forum but for the fact, that same included prayer for possession through pre-emption which fell within jurisdiction of Civil Court and about which decision had already been given by lower forum, and thus plaint could not be returned to plaintiffs---Direction could however, be made to plaintiffs to approach proper forum for redress of their grievances---Judgments and decrees of lower forums were set aside so far as grant of declaration in question, was concerned, with direction to plaintiffs to approach proper forum for adjudication of their grievance. Nasir Ahmad Khan v. Mst. Ismat Jehan Begum 1968 SCMR 667 fol. Said Baig for Petitioner. S. Rafaqat Ali Shah for Respondents. Date of hearing: 6th February, 1991. JUDGMENT Vide registered gift deed dated 6-11-1972 Malik Gulistan, defendant No.2 (respondent No.13 herein) gifted land measuring 13 marlas and 2 marlas respectively out of Khasra Nos. 386 and 395 situated in the estate of Fatu Abdur Rahima, in favour of Shafiq Ahmad, defendant No.l (petitioner herein). This deed was given effect to in the Revenue Record vide Mutation No. 1848 attested on 9-7-1973. Haji Malik Ghulam Rabbani plaintiff (since dead, represented by Malik Wazir and others, respondents   Nos.] to 12 herein) filed…