Case Details

Citation(s)
1994 SLG 474 1994 SLD 474 1994 SCMR 30
Supreme Court of Pakistan
Civil Appeals Nos. 1138, 1139 and 1140 of 1990, decision dated: 5-12-1992
ABDUL SHAKURUL SALAM AND ABDUL QADEER CHAUDHRY, JJ

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HASHMAT ALI and 2 others

PROVINCE OF THE PUNJAB

Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--S. 10---Qanun-e-Shahadat (10 of 1984), Art. 116---Estoppel---Auction of State land---Government was the final authority to accept or reject any bid--­Government not accepting bid in question---Bidder depositing instalments at his own behest and taking possession of land in question--- Effect---Where a functionary of the Government without approval of Government had delivered possession of land in question, that would not bind the Government and plea of estoppel could not be raised---Acceptance of deposit on bidder's own behest and not on demand of Government, on condition that if Government did not confirm the sale then bidder would have no claim over land in question such conditional deposit subject to acceptance by Government could not constitute estoppel. Law of Evidence by Justice Monir, 19'74 Edn., p. 1254, S.115 ref. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--­ -----S. 10---Auction of State land---Unless Government give final approval, bidder could not claim ownership of land---Government had neither accepted/approved auction in question nor accepted possession as delivered to bidders in pursuance of a legal order---Possession was not supported by any document conferring legal title---No agreement of sale having been executed, sale was not complete---Government was not bound by terms and conditions of auction to accept the sale in question---No title thus had passed on to appellants (bidders). Ibrahim' v. Rajji PLD 1956 (W.P.) Lah, 609 and Rehmat Ali v. The Revenue Board, West Pakistan, Lahore, 1973 SCMR 342 ref. JUDGMENT ABDUL QADEER CHAUDHRY, J: --This judgment would dispose of three appeals as common questions of law have been raised in them. 2. The facts of the case in Civil Appeal No. 1138 of 1990 are that the suit land measuring 24 acres 1 Kanal 5 Marlas situated in Chak No. 525/B, Tehsil Vehari, was put to auction on 16-3-1956. The appellant was the highest bidder. Out of the total auction price, 1/3rd was paid on the fall of hammer. According to the appellant, the possession of the land was delivered to him on 31-3-1956. The appellant paid the full price of the…
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