Law:

Section:

Land Reforms Regulation, 1972 (M.L.R.115)--Para. 10---Punjab Land Commission's letter dated 5-5-1972 [as amended by letter dated 14-3-1973, sub-para.(f)]---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether the High Court correctly found that an agreement to sell amounted to transfer of the property agreed to be sold for the purpose of sub-para. (f) of Punjab Land Commission's letter dated 5-5-1972 as amended by letter dated 14-3-1973 and para. 10, Land Reforms Regulations, 1972. (b) Land Reforms Regulation, 1972 (M.L.R.115)--- ----Para. 10---Government Grants Act (XV of 1895), S.3---West Pakistan Land Grant Scheme, 1963, Condition No.13---Condition No.13 of the Scheme acquired an overriding compulsive effect and what it prohibited could not be held to have validly happened---Prohibition prevailed and any sale, even if the contract of sale be held to be a sale, in praesenti, in view of such repugnance, was void and having no legal existence. Qazilbash Waqf v. Chief Land Commissioner P L D 1990 SC 99 distinguished. (c) Land Reforms Regulation, 1972 (M.L.R.115)--- ----Para. 10---Government Grants Act (XV of 1895), S.3---West Pakistan Land Grant Scheme, 1963, Condition No.13---Agreement of sale by grantee---Provision was made in the agreement with regard to frustration and compensation thereof: agreement was subordinate to the terms of grant, that it was in recognition of it and no interest in the land as such was claimed except certain rights relating to land which were to become enforceable after the proprietary rights had been conferred on the grantee---Grantee himself being not the proprietor but only a purchaser under the agreement to sell visualized in the form of grant, could not confer more rights in the property on the contracting party than he himself possessed and was not permitted to transfer even the rights which he was possessed of the property---Held, transaction was not a transfer but it was a contract of sale to take effect after the proprietary rights had been acquired and till that happened, the future purchaser enjoyed interest in the land only as an attorney of the grantee. Qazilbash Waqf v. Chief Land…

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