Law:

Section:

Transfer of Property Act (IV of 1882)-------S. 54---West Pakistan Land Revenue Act (XVII of 1967), S.42 (6) (7)---Punjab Land Revenue Act (XVII of 1887), S.34---Punjab Land Records Manual---Registration Act (XVI of 1908), Ss.47, 48, 49 & 50--Specific Relief Act (I of 1877), S.39---Sale through registered sale­ deed---Return of sale consideration by vendee to vendor in presence of registered sale-deed---Rejection of mutations---Effect---Predecessors-­in-interest of plaintiffs sold land to defendants through registered sale-deed on 6-6-1951 and got entered mutations in favour of defendants on 28-5-1969---Mutations having not been attested, the predecessor of plaintiffs through mutual settlement returned consideration to defendants with intention that ownership of land would remain with predecessor of plaintiffs---Mutations were finally rejected on 29-9-1977 on ground that none of the parties was present on said date---Effect---One of the defendants who was not party to sale transaction, filed pre-emption suit against defendants qua the sale by plaintiff's predecessor in favour of defendants---Suit was decreed in favour of pre-emptor/defendant---Civil petition for leave to appeal filed by defendants in the Supreme Court was dismissed on 17-7-2000---Plaintiffs who were not party to suit or pre-emption filed a suit on 8-11-2000 asserting therein that of Supreme Court was ineffective qua their rights to suit-land which was still in their possession and as mutations were rejected and sale consideration was returned by plaintiffs' predecessor to vendees/ defendants, therefore, plaintiffs were owners of suit-land which could not be pre-empted by one of respondents---Plaintiff's suit was dismissed by Trial Court---Appeal tiled there against also met the same fate---Validity---Sale took place vide registered sale agreement with transfer of all rights, title and interest in favour of defendants and in presence of registered sale-deed, return of sale consideration by vendor/plaintiff's predecessor to vendees/defendants did not constitute cancellation of registered sale-deed nor extinguished title of vendees nor recreated title of vendor---Under provisions of West…

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