Case Details

Citation(s)
1981 SLG 1491 1981 SLD 1491 1981 PLD 356
Lahore High Court
Writ Petition No. 1679 of 1977, decided on 14th February, 1981. DATE of hearing: 20th September, 1980
GUL MUHAMMAD KHAN AND ABALDULLAH KHAN, JJ
Noor Muhammad Chandfo for Petitioner. Sair All for
Respondent

Sardar SHAFIQ HYDER KHAN LEGHARIer

VS

MEMBER (ABDUL QAYYUM), FEDERAL LAND COMMISSION--Respondent

Law:

Section:

(a) Land Reforms Regulation, 1972 [M. f,. R. 115]- -- Para. 7-Aggrieved person-Maintainability of writ petition by vendee - Proceedings under Land Reforms Regulation, 1972­Taken only for purpose of ascertaining holdings of declarants so as to resume excess land if any-Actual fact of transaction not in ,dispute between declarant vendors and vendees -Transactions so far as such parties concerned may consequently be effective-Petitions filed by vendees, held, liable to dismissal on ground of being not aggrieved persons-Constitution of Pakistan (1973), Art. 199. Mst. Raj Bibi tmd 4 others v. Additional Chief Land Commissioner, Punjab, Lahore and 2 others P L D 1975 Lah. 408 ref. (b) Land Reforms Regulation, 1972 [M. L. R. 115]- = Paras. 7 & 29-Resumption of land-Limitation-Opportunity to show cause-No time limit being provided in Regulation for Federal Land Commission to issue notice to declarant/vendors to appear and show cause as to why land mentioned in notice be not resumed and secondly declarants having not only been informed of defects as contained in report of Inspection Team but also having inspected record and given sufficient time to defend, petitioners in circumstances, held, could neither defeat action taken either on ground of proceedings having been started four years after validation of transactions by Land Commissioner or on ground of no opportunity to show cause having been given.-[Limitation-Natural justice, principles of]. (c) Land Reforms Regulation, 1972 [M. L. R. 115]- Para. 7-Alienation, validity of-Large sums of money (in six figures) shown to have been paid for transactions-Federal Land Commission, in circumstances, held, did not err in law or fact to hold mutation of transactions void in absence of proof of either possession of money or its actual payment by vendees. LINK1 LINK2 (d) Land Reforms Regulation, 1972 [M. L. R. 115]- Para. 7 read with Transfer of Property Act (IV of 1882), Ss. 54 & 107 and Registration Act (XVI of 1908), Ss. 17 & 49-Alienations, validity of-Land in question being situate in a former State where Ss. 54 & 107 of Transfer of Property Act, 1882 made applicable, oral sale in such area not…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492