Case Details

Citation(s)
1980 SLG 225 1980 SLD 225 1980 SCMR 270
Supreme Court of Pakistan
Civil Petition No. 29 P of 1978, decision dated: 30-09-1979. (On appeal from the judgment and order dated 22 3 1978 of the Peshawar High Court at Peshawar in Writ Petition No. 20/76).
MUHAMMAD HALEEM AND MUHAMMAD AFZAL ZULLAH, JJ
Mian Younas Shah, Advocate Supreme Court and M. Qasim Imam, Advocate on-Record. Nemo.

HABIB RASOOL AND OTHERS

VS

Nawabzada IHSANULLAH KHAN AND OTHERS

Law:

Section:

Land Reforms Regulation, 1972 [M. L. R. 115] ------Para. 8 Concession qua retaining additional area on ground of ownership of tractor Tractor established to have been purchased before target date Fact of registration of tractor in name of another person Held, not by itself enough to hold that land owner concerned was not owner of tractor. Member, Federal Land Commission v. Sardar Muhammad Ashraf Khan and another 1978 SCMR 153 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. The acceptance by the Peshawar High Court of a Constitutional petition filed by a land owner seeking concession qua retaining additional area on the ground of ownership of a tractor under para. 8 of Martial Law Regulation 115 of 1972 has been called into question through this petition for special leave to appeal. The learned counsel for the petitioners states that the respondent had purchased the tractor on 25th February, 1971 and only part payment was made at the time of initial transaction. The remaining amount was paid on 28th of January, 1972. Thus as stated the transaction not having been completed before the 20th December, 1971 the respondent could not be treated as "owner" of the tractor. The learned counsel has also argued that the tractor at the relevant time was not "registered" under the Motor Vehicles Act in the name…
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