Law:

Section:

Keywords: Land, Parties, Surety, Period, Prejudice, Allotment Of Land, Commission, Place, Exchange, Administrator, Procedure, Allotment, Civil Liability, Harassment, Defence, Possession, Money, Quashment, Responsibility, Proceedings, Liability, Magistrate Result: Proceedings quashed JUDGMENT This is an application for quashment of proceedings pending in the Court of Mukhtiarkar and F.C.M., Kashmore under section 420, P. P. C. On 13th July, 1978 Mohammad Hassan son of Fazal Ahmad had submitted an application to Chief Martial Law Administrator alleging that' his father had purchased some land at Jacobabad from a person who has died leaving to sons behind. Deed was completed through one Abdul Bari (present applicant) who acted- as agent and who was paid Rs. 5,000 on account of his promise to remove the disputes relating to that land. It was further alleged that the said Abdul Bari forcibly occupied the said land and is appropriating the whole produce. The said application was forwarded in due course to Mukhtiarkar and Additional Commissioner, Kashmore who recorded the statement of Mohammad Hassan on 13th September, 1979, where Mohammad Hassan stated that on 20th April, 1963 his father paid Rs. 15.260 to Qamar Zaman and an agreement was executed between the parties and accused Abdul Bari had stood surety for that amount. It was also deposed by Mohammad Hassan that Abdul Bari took Rs. 5,300 from his father Fazal Mohammad and Karam Din on the promise that he will help them in purchasing land in Taluka Kashmore. Mohammad Hassan also stated that Qamar Zaman died 10 years back and Abdul Bari was his attorney who had fraudulently taken away money from his father and the land which was given to them is also in his possession. The agree ment for sale of land dated 12th July, 1962 has been filed which shows that Karam Din and Fazal Ahmad (uncle and father of complainant Mohammad Hassan) had agreed to purchase land from Qamar Zaman for Rs. 22,260 and paid Rs. 10,000 as advance. The details of land are given in the said agreement. Another agreement was later on executed by Qamar Zaman on 20th of April, 1963 and it was attested by IIIrd Class Magistrate whereby Shahzada…

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