Law:

Section:

(a) Land Reforms Regulation, 1959 (M. L. R. 64] Paras. 25 & 3-Land, sale of, in violation of para. 25--Void ab initio-Provisions of Regulation mandatory-Court cannot give is bless ing to a transaction patently illegal and void-Appellants seeking an equitable relief of declaration of being owners of land and permanent injunction resting their argument on maxim in pari delicto--Maxim, held, not rule of law but founded on considerations of justice :?rid equity and such considerations cannot override express ;provisions of statuto.--[Maxim]. (b) Specific Relief Act (I of 1977)  S. ` -- Declaratory relief-Jurisdiction of Court to grant, held, always discretionary. Date of hearing: 5th October, 1980.                                                                                                                                                           JUDGMENT The dispute relates to land measuring 48 kanals 16 marlas which was owned by the respondents' father namely Nek Muhammad who alienated it in favour of the appellants by way of sales for a consideration of Rs.3,046. The sale was evidenced by Mutation No. 474 sanctioned on 19-8-1960. The possession was also delivered to the appellants in pursuance of the sale. It appears that after the death of Nek Muhammad, respondent No. 3 moved an application before the Collector for review of the mutation on the ground that it was violative of M. L. R. 64 and also fraudulent. On the basis of a report submitted to him on 29-4-1969 by the Tehsildar, the Collector ordered review of the mutation; in pursuance whereof the A. C. II by his order dated 23-7-1969 cancelled the mutation. 2. The suit out of which this second appeal has arisen was filed by the appellants for a declaration that they are owners of the land and that the proceedings…