Case Details

Citation(s)
2007 SLG 2712 2007 SLD 2712 2007 CLC 1929
Board of Revenue, Sindh
Case No.SROR-230 of 2005, decision dated: 5-07-2006.
MUHAMMAD QASIM LASHARI, MEMBER (JUDICIAL)

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NASEEM KHAN--Applicant

VS

EXECUTIVE DISTRICT OFFICER (REVENUE), THATTA and 3 others

Law:

Section:

Sindh Gothabad (Housing Scheme) Act (VII of 1987)-------Ss. 3, 6 & 9---Transfer of Property Act (IV of 1882), Ss.41 & 2---West Pakistan Land Revenue Act (XVII of 1967), S.164---Cancellation of allotment of land---Area allotted to each allottee, exceeded the permissible ceiling of 2 Ghunttas and nothing had been produced to prove that said allotments were made on the recommendations of the Allotment Committee and that the allottees were deserving persons---Allotments, in circumstances were made in contravention of S.3 of Sindh Gothabad (Housing Scheme) Act, 1987---Petitioners had purchased certain plots on the basis of oral statement and such entries were made in Form-II---District Officer (Revenue), had cancelled allotments of plots in question in exercise of powers conferred upon him under S.6 of Sindh Gothabad (Housing Scheme) Act, 1987, on the main ground the said allotments had been made in excess of permissible ceiling of 2 Ghunttas---Said allotments were made clandestinely in utter disregard of the process of Sindh Gothabad (Housing Scheme) Act, 1987 in collusion with lower Revenue/Gothabad staff---Ex-allottees, whose allotments had been cancelled had Furnished wrong information for securing allotments/grants and also had committed breaches of conditions of allotment and all said infringements/breaches of conditions of allotment were not rectifiable---Contention of applicant, in present case, was that he being bona fide purchaser of plots in question, was entitled to protection of S. 41 of Transfer of Property Act, 1882---Contention was repelled, as S.2 of Transfer of Property Act, 1882, postulated that nothing contained in the said Act, would apply or be deemed to have ever applied to any grant or other transfer of land or to any interest therein, heretofore made or hereafter to be made by or on behalf of government to or in favour of any person---Applicant, in circumstances, could not get the benefit of any of provisions of Transfer of Property Act, 1882, which was inapplicable in the case---Applicant had not acquired any right in the disputed land, which was State land and was not transferred to him---Revision application filed by applicant…
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