Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution Of Pakistan (1973)--Art. 185(3)--West Pakistan Land Reforms Regulation, 1959 (M.L.R. No. 64), para. 25(4)--Sale of agricultural land impugned--Leave granted to consider inter alia (i) Whether a transaction which was legal and valid at time when it was entered upon, can be declared to be invalid and illegal on discovery of certain facts several years after event which were then not in knowledge of parties; and (ii) Whether a suit in civil Court for a declaration that transaction of sale was not hit by M L. R No.64 was at all competent in view of provisions of paragraph 27 of M.L.R N:o.59. ORDER NASIM HASAN SHAH, J.--The relevant facts are that the land presently in dispute measuring about 34 Kanals situated in Mauza Kaloki, Tehsil and District Sheikhupura, alongwith some other land, was initially allotted to Faqir Hussain, father of Sakhi Hussain, respondent herein. On the death of the afore-mentioned Faqir Hussain, Sakhi Hussain, alongwith his mother and sisters inherited the land allotted to him and a mutation of inheritance was sanctioned on 26-7-1960 in their favour. The share of Sakhi Hussain came to about 34 kanals as mentioned above. On 30-7-1963, Sakhi Hussain in favour of Abaad Ali and another, the petitioners herein, sold the land in dispute, vide a registered sale deed. It appears that during the consolidation proceedings another khasra number, namely, Khasra No.1866/1 measuring about 5 Kanals was found to have also belonged to Faqir Hussain, the father of Sakhi Hussain, out of which the share of Sakhi Hussain came to 3 Kanals and 1 Maria. Hence the share of Sakhi Hussain increased to about 37 Kanals of land. Therefore, some time in the year 1971 i.e. after 8 years of the transaction of sale, a third party allegedly at the behest of Sakhi Hussain respondent, who now wished to avoid the sale, caused a report to be lodged with the Revenue Officials that the sale deed dated 13-7-1963 entered between the petitioners and Sakhi Hussain, Respondent, contravened the provisions of M.L.R. No.64 as the aslienor Sakhi Hussain had not sold his entire holding as required by the clause (4) of section 25 of M.L.R. No.64. Apprehending that the Land…

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