Law:

Section:

West Pakistan Land Reforms Regulation, 1959 [M. L. R. 64]-- Para. 7-Alienation of land-Courts below holding sale in peti­tioner's favour to be void on ground of its being less than subsistence holding and sale of a part of land also being not permissible under M. L. R. 64-District Court on appeal while upholding such plea holding petitions to have a lien on land for reimbursement of consi­deration of sale and so also for a specified amount on account of improvements and such order upheld by High Court ­Contention that sale would be saved on doctrine of part delicto and both parties being in part delicto party in possession not to be dis­turbed-Held : Both parties being in part delicto, Court should wash its hands off such dispute and party filing suit being also in part delicto must fail. ORDER NASIM HASAN SHAH, J. The respondent's father, Nek Muhammad, alienated 48 kanals 16 marlas of land out of his total holding of 88 kanals 18 marlas in favour of the petitioners. The latter also obtained possession of the alienated land in pursuance of the sale. This sale was evidenced by Mutation No. 474 sanctioned on 19-8-1966. After the death of Nek Muhammad, his son Rehmatullah, 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. No. 64 and also fraudulent. The Collector ordered the review of the mutation in pursuance whereof the A. C: II, by his order dated 23-7-1969 cancelled the mutation. The peti­tioners, therefore, filed a suit for declaration that they are owners of the land and that the proceedings culminating in rejection of Mutation No. 474 were illegal and inoperative upon their…

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