| Citation(s) |
|---|
| 1984 SLG 250 1984 SLD 250 1984 PLD 188 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No, 652-R of 1983, decided pa 17-12-1983,
MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ,
Bashir Ahmad Ansari, Advocate Supreme Court and Ch. Akhtar All, Advocate-on-Record. Nemo. Date of hearing. 17th December, 1983.
Civil Petition for Special Leave to Appeal No, 652-R of 1983, decided pa 17-12-1983,
MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ,
Bashir Ahmad Ansari, Advocate Supreme Court and Ch. Akhtar All, Advocate-on-Record. Nemo. Date of hearing. 17th December, 1983.
GHARIB SHAH AND OTH$rs
VS
ZARMAR GUL
Law:
Section:
(a) N.-W. F- P. Pre-emption Act (XIV of 1950---------S. 31 - West Pakistan Land Revenue Act (XVII of 1967), S. 42(6)(7)(8)-Expression "Sanction of Mutation" not mentioned in . S. 31, N.-W. F. P. Pre-emption Act, 1950, and word "attestation" used in S. 31, N.-W. F. P. Pre-emption Act, 1950, not used in S. 42, West Pakistan Land Revenue Act, 1967-Held, that did not mean that phrase "attestation of the sale" used in N.-W. F. P. Pre-emption Act, 1950, cannot be co-related to final order in that behalf to be passed under S. 42 (6) (7) (8) of West Pakistan Land Revenue Act, 1967.-[Interpretation of statutes]. Link (b) West Pakistan Land Revenue Act (XVII of 1967) -- S. 42(6)(7)(8)-N.-W. F. P. Pre-emption Act (XIV of 1950), S. 31Section 42(8) makes it condition precedent for any effective order that it shall be made only in "common assembly" in estate to which mutation related-Contention that vendors' statement recorded under S. 42(6) that they sold land, was enough to close proceedings and that S. 42(8) need not, be complied with and that in any case it was complied with when vendee made statement, held, without force-Word "attestation" used in S. 31, N: W. F. P. Pre-emption Act, 1950, was not "attestation" by vendors but was "attestation of sale" by Revenue Officer and that too in form of an order which is visualized by S. 42(6)(7)(8), West Pakistan Land Revenue Act, 1967. Link (c) Constitution of Pakistan (1973) -- Art. 185(3)-N: W. F. P. Pre-emption Act (XIV of 1950), S. 12Civil Procedure Code (V of 1908), S. 115-Argument on question of contiguity of petitioner's land dependent upon alleged misreading by High Court, of a statement in cross-examination made for petitioner's side which statement was treated as admission-No misreading by High Court found-However appellate Court having ignored same, High Court could make correction of material irregularity in its revisional jurisdiction r- No justification having been made out for interference with of High Court-Petition for leave to appeal dismissed. Link ORDER MUHAMMAD AFZAL ZULLAH, J. -Leave to appeal has been sought from judgment dated 2-11-1983 of the Peshawar High Court; whereby respondent's civil revision…
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