Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--Land Reforms Regulations, 1972 (M. L.R.115), Para. 24(4)--Leave to appeal granted to consider inter alia that transaction was hit by provisions of para. 24(4) of Regulation 1972 and did not result in respondent becoming a co-sharer in estate, and that Land Reforms (Amendment) Act, 1976 whereby exchange of a part of less than subsistence holding was allowed, did not confer validity on such transactions retrospectively. (b) Land Reforms Regulation, 1972 [M.L.R 115]---Para. 24(4)--N.-W.F.P. Pre-emption Act (XIV of 1950), S.4--Right of pre-emption is a mere right of substitution for one of parties to transaction on assumption that transaction was a valid one--No question as to validity of transaction, in such a case could, therefore, be raised--No evidence on file brought to satisfaction of Court that any price was paid as sale consideration for transaction effected through mutation--Trial Court holding transaction to be an exchange and not sale--No evidence whatsoever, available to challenge finding that transaction was a sale--No appeal or cross-objection against finding of trial Court filed before appellate Court--Observation made in P L D 1973 SC 295, held, were fully applicable, as adverse findings of lower Court had not been challenged in cross-examination before first appellate Court. Abdul Majid Khan v. Shahzada Asif Jan P L D 1973 S C 295 fol. 1968 S C M R 971 quoted. Abdul Hamid Khan v. Shahzada Asif Jah P L D 1970 Pesh. 37; Mhand v. Mst. Amtul Hafeez P LD 1954 Lah. 278; Qutubuddin v. Muhammad Siddique and others P L D 1969 Lah. 418; Management of Itshoolie Tea Estate v. Its Workmen A I R 1960 S C 1349 and Mst. Jamila Begum v. Awamun Nass and others P L D 1978 Lah. 1376 ref. JUDGMENT MIAN BURHANUDDIN KHAN, J.-- By order, dated 17-11-1982 leave was granted by this Court to consider inter alia that the transaction in question was hit by the provisions of paragraph 24(4) of Martial Law Regulation 115 and did not result in the respondent No. l becoming a co-sharer in the estate; that the Land Reforms (Amendment) Act, 1976 whereby exchange of a part of less than subsistence holding was allowed, did not confer…

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