Law: Frontier Crimes Regulation (III of 1901)

Section: 8(3),8(d)

Law: Constitution of Pakistan, 1962

Section: 98(2)

(a) Frontier Crimes Regulation (III of 1901),   S. 8 (3) (d) Intention of Legislature-Deputy Commissioner not required to (tear parties before passing a decree.   (b) Constitution of Pakistan (1962)   Art. 98 (2)-Commissioner in exercise of revisional powers under Frontier Crimes Regula tion (III of 1901) passing order adverse to petitioner without hearing him-High Court has jurisdiction under Art. 98 (2) to interfere with such order-Frontier Crimes Regulation (III of 1901), S. 49.   Date of hearing : 15th June 1964.   JUDGMENT   The petitioners Qadir Bakhsh and Nihal Khan sons of Shafi Muhammad filed a suit in the Court of A. D. M. E. A. C., Sibi on the 13th of December 1958 for possession of land bearing Khasra Nos. 505, 506 and 527. Later on these Khasras were changed into two Khasras Nos. which are 436 and 728. The claim was that Lath Bandi rights in the land in dispute were owned by their father Shafi Muhammad and their uncle Qadir Bakhsh. That Qadir Bakhsh died issueless and their father Shafi Muhammad became exclusive owner of the property. That he died in 1935 when the petitioners were minors. (Lath Bandi rights seem to be some sort of occupancy rights.)   The defendants contested this suit on the ground that they had purchased this property from Ali Muhammad and Wazir Muhammad by means of an Iqrarnama dated the 4th January 1946. The suit was referred to a Jirga which found that the vendors had wrongly stated in the Iqrarnama that Shafi Muhammad had died issueless and they were his heirs. That the plaintiffs undoubtedly were the sons of Shall Muhammad and had inherited the Lath Bandi rights in the land in dispute after the death of their father. However, the Jirga finally recommended that the sale in favour of the vendees should be upheld. That the plaintiffs were entitled to whatever consideration had been received by the vendors which was Rs. 1,900 in cash and some other land which was given in exchange by the vendees to the vendors. The Iqrarnama dated the 4th of January 1946 is a composite sale and exchange deed because the property in dispute was transferred to the vendees in lieu of Rs. 1,900 and some land the…