| Citation(s) |
|---|
| 1993 SLG 650 1993 SLD 650 1993 SCMR 878 |
Supreme Court of Pakistan
Civil Appeal No.357-K of 1986, decision dated: 8-03-1993, hearing DATE : 16-11-1992. (On appeal from the judgment of the High Court of Sindh dated 21-5-1986 pas$ed in Constitutional Petition No.D-126 of 1984)
MUHAMMAD AFZAL ZULLAH, C.J., MUHAMMAD AFIAL LONE AND SAJJAD ALI SHAH, JJ
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Civil Appeal No.357-K of 1986, decision dated: 8-03-1993, hearing DATE : 16-11-1992. (On appeal from the judgment of the High Court of Sindh dated 21-5-1986 pas$ed in Constitutional Petition No.D-126 of 1984)
MUHAMMAD AFZAL ZULLAH, C.J., MUHAMMAD AFIAL LONE AND SAJJAD ALI SHAH, JJ
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KHUSHI MUHAMMAD and 9 others
THE CHIEF LAND COMMISSIONER, SINDH AT HYDERABAD and 17
Law:
Section:
(a) West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64]---Revenue Authorities can decide a dispute as to whether a transaction falls within the mischief of Regulation 64 or not. Nasir Ahmad Khan v. Mst..Ismat Jehan Begum 1968 SCMR 667 ref. (b) West Pakistan Land Reforms Regulation, 1972 [M.L.R.115]--Para.32---West Pakistan Land Reforms Regulation, 1959 (M.L.R.64), para.19---Land resumed under Part IV of M.L.R. 64 could be sold to tenants who were in cultivating possession and any such land not sold to such tenants could be offered for sale to such other persons on terms and conditions as considered suitable by the Commission ---Para. 19 of the West Pakistan Land Reforms Regulation, 1959 was replaced by para. 32 of Land Reforms Regulation, 1972 providing that land vesting in Government under repealed Regulation and not granted to any person before the repeal, shall be disposed of or utilized by the Government as mentioned in Part V---Cultivating tenants of State land surrendered by grantees under Land Reforms Regulation could not be transferred ownership rights under sale agreement for such ownership rights vested in the Provincial Government and remained untouched and unaffected by Regulation ---Possessory interest alone in such cases could be dealt with by the Land Commission---Authorities established under Land Reforms Regulation, 1972, could not exercise any jurisdiction or authority over proprietary interest of Government and tenants/actual cultivators in possession would not be able to claim from Land Commission transfer to them of any share of such proprietary interest. Nasir Ahmad Khan v. Mst. Ismat Jehan Begum 1968 SCMR 667; Talib Din and others v. The Chief Land Commissioner and others PLD 1984 SC 453 and Syed Wajid Ali Shah and another v. The Chairman, Federal Land Commission and others 1985 SCMR 370 ref. (c) Land Reforms Regulation, 1972 [M.L.R.115]--- ----Para.18---Excess area surrendered by grantee located in Sindh continued to remain with the Government as owner and was not available under para.18 of the Regulation for grant free of charge to sitting tenants. The Chief Land Commissioner, Punjab, Lahore and another v. Ch. Atta Muhammad Bajwa…
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