Law:

Section:

Constitution of Pakistan (1973)--Art.199---Land Reforms Regulations 1972 (M.L.R. 115), Para.7---Findings of civil courts and the Federal Land Commission regarding the fraudulent nature of the transaction not having been disturbed by the High Court it was i not a fit case for exercise of discretion in the Constitutional jurisdiction under Art.199 of the Constitution. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ---These two appeals by leave of the Court have arisen out of the same case relating to the operation of the Land Reforms Regulations, 1972 and 1977. The High Court having allowed the Constitutional (Writ) Petition depriving the appellants in CA. 224-P/90 of the benefit granted to them by the Federal Land Commission and restoring the orders whereby the respondents/vendees from the declarant were held entitled to retain the land in dispute, leave to appeal was granted as under:-- Ihsanullah Khan, respondent, as per Mutation No. 237 attested on 17-1-1972 sold land measuring 194 Kanals 4 Marlas situate in village Qasam, Tehsil and District Mardan to Shad Muhammad Khan etc. Simultaneously, on the same day vide Mutation No.238, the vendee mortgaged the suit land to the vendor Ihsanullah Khan. Under Martial Law Regulation No.115, the Land Commission authorities declared the sale mutation as void, as the same was attested after 20-12-1971. Ihsanullah Khan also challenged Mutation No.237 through a suit brought on 9-12-1976 on the basis of fraud. In the meantime in 1977, another Martial Law was proclaimed in the country, the said Ihsanullah Khan again was hit by the provisions of Land Reforms Regulation and while filing a declaration he surrendered the said land. On its resumption, land measuring 64 Kanals was allotted to the appellants as sitting tenants. This allotment was challenged by Shad Muhammad etc. by way of an appeal before the Land Commissioner, Peshawar, who vide order dated 28-5-1981 set aside the order of the Deputy Land Commissioner and the land was ordered to go back to Shad Muhammad etc. The revision petition filed by the appellants before the Chief Land Commissioner N.-W.F.P., was dismissed on 16-7-1981 but on further revision before the Member, Federal…

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