Law:

Section:

Cantonments Act (II of 1924)- -- S. 73 read with Cantonment Land Administration Rules, 1937, r. 27 and Central Government Letter No.18/10/L/D5/C/67/1283/L dated 26-8-1967-Old grant rights-Holder of old grant rights can sell his rights without first obtaining sanction of Cantonment Board and permission can be obtained by transferee even after sale-Holder of such right can make application for regular lease to Military Estates Officer and such officer authorised to grant lease without reference to any superior authority-Permission of Central Government or Cantonment Board, held, not necessary before entering into sale transaction of old evacuee grant. LINK1 LINK2 LINK3 Munshi Tajammul Hussain v. Cantonment Board, Lucknow etc. A I R 1943 Oudh 99; Nazaralli Sayed Imam v. Babamiya Dureyatimsba 1916 I L R 64 and Manzoor Hussain etc. v. Wali Muhammad etc. P L D 1965 S C 425 ref. JUDGMENT On 18-3-1969 the respondents filed a suit for the specific performance of the agreement for sale dated 3-10-1968. By virtue of this agreement Babu Roshan Din the predecessor-in-interest of the appellants had agreed to sell the land measuring 225' % 340' to the respondents situate in Bungalow No. 13, Bazar Road, Sialkot for a total consideration of Rs. 14,000 out of which a sum of Rs. 2,000 is alleged to have been received in advance. The time for completion of the sale was fixed as 30-1-1969. Babu Roshan Din had acquired the old grantees right in the said property which was declared evacuee under P. T. D. dated 26-5-1967. Babu Roshan Din died on 15-1-1969 and the suit was filed against his heirs. The suit filed by the respondents was contested by the appellants and it was contended that the suit was' bad for non joinder of parties. It was contended that the Central Government was a necessary party as the land in question was situate within the Cantonment area and was owned by the Central Government. The objection of the non-joinder was also based on the omission of the respondents to implead Mahmoodul Hassan a pre-deceased sister's son of Babu Roshan Din. As regards the execution of the agree­ment for sale it was denied for want of knowledge and same was the assertion as regards the…

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