Law:

Section:

(a) Approbate and reprobate--Principle---Conduct of parties---Challenge to title of vendors by vendees--­Vendees having purchased share of minors through their uncles had shown them as their vendors ---Vendees subsequently could not turn round and take different position to challenge title of their vendors. (b) Acquiescence----- ----Vendee/plaintiffs had purchased land from two sets of vendors through joint transaction; one set of vendors were major while other set of vendors were minors at time of sale---In Revenue Record, after such sale 2/3rd share was recorded in favour of vendees plaintiffs while 1/3rd share of minors remained in , names of minors and such entry continued without any object ion---Vendees filed suit after about fifty years to challenge mutation made in respect of suit land in minors' favour---Sale in respect of minors' share was not acted upon---Minors on attaining majority filed suit against vendees for recovery of their share of produce ---Vendees having acquiesced in long­standing entries in Revenue record and having taken no steps for rectification of record, their suit for rectification of same after about fifty years, was dismissed. JUDGMENT ABDUL QADEER CHAUDHRY, J: --This appeal is directed against the judgment of the Peshawar High Court dated 30-6-1990. 2. The facts of the case are that the land measuring 39 Kanals 8 Marlas situated in Tehsil Charsadda was owned by Abdul Habib, Hassan Khan, Abdullah, Ismail, Muhammad Ali and Muhammadi Khan., Haji Sultan, Lashkar Khan, Samiullah, Sikander and Abdul Qayyum purchased the land through the registered sale-deed on 19-3-1930 for a consideration of Rs.13,500. At the time of sale, the vendors Abdullah, Ismail, Muhammadi and Muhammad Ali were minors. The sale on behalf of minors was effected by Abdul Habib and Hassan Khan, their uncle. At the time of sale, the land was mortgaged with Rashid and Najab for an amount of Rs.8,500. After the completion of sale, the vendees redeemed the suit land and came into possession. According to the learned counsel, they are still in possession of the suit land. 3. The minors after becoming major filed a suit in the Revenue Court for the produce of the land…

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