Law: Government Occupants (Sind) Act (llI of 1899)

Section: 8

Law: Displaced Persons (Land Settlement) Act, 1958

Section: 4, 16

(a) Government Occupants (Sind) Act (llI of 1899) S. 8 read with Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 4 & 16-Government grant land, sale of-Land acquired by way of grant from Government on restricted tenure under Sind Act III of 1899-Subsequently Hindu grantees abandoning land and land becoming evacuee property-.Allottee of such land stepping into shoes of evacuee, held, not entitled by virtue of settlement to higher rights than those of evacuee Rights vested in evacuee grantee being not transferable by sale, gift, or mortgage or other private contract without previous consent in writing of Collector such restrictions and conditions, held, continued to attach to grant were finally transmitted with land to transferees- under Settlement Law-Respondents alienating land in favour of appellants without prior sanction of Deputy Commis sioner alienation, held, void ab initio and conferred no title on appel lants. Link 1 Link 2 Link 3 Date of hearing : 14th November 1979.                                                                                                                                    JUDGMENT The dispute in this case relates to agricultural land situated in Deb, 18 Nasrat, Nawabshah. This land was acquired by way of grant by Hindu owners from Government on restricted tenure under the Government Occupants (Sind) Act (Act No. III of 1899). Subsequently the Hindu owners abandoned this land and it became evacuee property. The respondents alongwith others were permanently settled on this land under the provisions of the Displaced Persons (Land Settlement) Act, 1958. 2. On 12-6-1963 the respondents transferred their share of the land to the appellants by way of sale through a registered Conveyance Deed…