Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art.185---Appeal to Supreme Court---Concurrent findings of fact even erroneous, if not suffering from legal defect, would not be called in question. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.19---Registration Act (XVI of 1908), S.48---State land---Sale of State land without prior sanction in terms of S.19 of Colonization of Government Lands (Punjab) Act, 1912---Effect---Such transfer either through registered or unregistered sale-deed would not be a sale, but would be a contract of sale not hit by provisions of S.19 of Colonization of Government Lands (Punjab) Act, 1912, and would be enforceable in law as sale after acquisition of proprietary rights by vendee/allottee---Bar contained in S.19 of Colonization of Government Lands (Punjab) Act, 1912, was only confined to the extent of permanent transfer of ownership rights in property, thus, registered sale-deed in such a situation would not get precedence over the unregistered sale-deed to claim better title. (c) Registration Act (XVI of 1908)--- ----Ss.17 & 49---Non-registration of document compulsorily registrable--­Effect---Exception---Transfer of ownership rights through a document compulsorily registrable without its registration would not create title, but in exceptional circumstances even an unregistered document could also create a valid title. (d) Registration Act (XVI of 1908)--- ----S.48---Registered and unregistered document---Precedence---Registered document would have precedence over unregistered document, even if the same was executed earlier in time. (e) Registration Act (XVI of 1908)--- ----S.47---Time from which registered document operates---Title is determined from date of execution and not from date of registration of documents. (f) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.19---Transfer of Property Act (IV of 1882), S.43---State land---Sale and transfer of State land before acquisition of proprietary rights by allottee/vendor---Validity---Such sale would not take effect and its operation would remain suspended till the acquisition of proprietary rights by vendor--­Such transfer would become…

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