Law:

Section: 3

Bahawalpur Land Alienation Act-----   -----S. 3 (2)-Refusal to sanction sale on ground that purchaser was not resident of Bahawalpur State-Not justified-Factors "to be taken into consideration. ORDER   The petitioners bought the land in dispute in village Misson, District Rahimyar Khan by means of a registered deed on 3rd April 1955. During the course of the proceedings it transpired that the vendees did not belong to the former Bahawalpur State and could not, therefore, be considered a notified tribe under the Land Alienation Act. The mutation was forwarded to the Collector who on 1-4-1959 declined to grant the permis sion required under section 3 (2) of the Act. An appeal was preferred to the learned Additional Commissioner who maintained the order of the Collector saying that the latter had full discretion to disallow the purchase and his refusal was administratively sound as it would decrease litigation among the parties by reducing opportunities for pre-emption suits. A revision has now been filed against this order.   In my opinion the mere fact that the petitioners did not belong to Bahawalpur State is not sufficient justification for refusal to sanction the sale. There are other https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=1964BR-WP7 1/3 P L D 1964 W considerations namely whether the sale was genuine, was it in the interest of the vendor, whether the vendees were bona fide agriculturists etc. which should have been considered by the…