Law:

Section:

Transfer of Property Act (IV of 1882)---S. 54---Registration Act (XVI of 1908), Ss.17 & 49---West Pakistan Land Revenue Act (XVII of 1967), S.42---Sale of agricultural land through mutation sanctioned in April, 1974 on the basis of statements of sellers made before Patwari and Revenue Officer---Validity---Such oral sale would not be affected by Notification of Government of Punjab dated 30-12-1974 making applicable provisions of S.54 of Transfer of Property Act, 1882 to sale of agricultural land. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.---The present respondents filed a suit claiming therein that Mst. Noor Khatoon predecessors-in-interest of the petitioners mentioned at No.1 and her brother Ghulam Muhammad had sold the suit-land to them and after receiving the sale consideration of Rs.2,495 handed over possession of the same to them; that Mutation No.1555 was entered on 13-4-1974 on the statement of the said sellers regarding the said sale; that on 16-4-1974 the said sellers appeared before the Revenue Officer and again made a statement that they had sold the land in question to the plaintiffs and had received the sale price; that the plaintiffs were then asked to deposit District Council Fee which they deposited on 8-6-1974 and that when the said mutation came up for final attestation on 23-5-1975 it was declared by the Assistant Collector that even the sales of agricultural land were to be made through registered sale-deed and since the sale in question was an oral sale, therefore, the mutation could not be sanctioned. This led the plaintiffs to the Civil Court seeking a declaration that they were owners in possession of the land in question and that the order of the Assistant Collector dated 23-5-1975 refusing the sanctioning of the above-mentioned mutation was illegal. 2. This suit was decreed by a learned Civil Judge at Alipur, through a judgment, dated 26-10-1986 but on appeal filed by the defendants the said judgment and decree was set aside and the suit of the plaintiffs was dismissed through a judgment dated 5-7-1987. The…

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