Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Revision No. 956 of 1960‑61, decided on 31st August 1962.
paras. 7 & 15 Policy of Land Commission‑Cases to be decided on merits and not thrown out on technical grounds like that of limitation‑Sale of land effected by registered deed in 1951‑Validation in favour of purchaser ordered.
Petitioner in person.
This is a revision filed against an order, dated the 10th of August 1961, passed by the Land Commissioner, Khairpur whereby he rejected the petitioner's appeal as time‑barred. It is stated that the respondent has been served but has not appeared. He has already surrendered the land in dispute and, therefore, is not interested in further proceedings. I have, therefore, decided to dispose of this case on merits. Proceedings will be ex parte against the respondent.
The facts of the case are that survey Nos. 665/5‑6, 679/5, 666/5, 680/2‑5‑7 situated 'in deh Hazarowah were purchased by the petitioner from the respondent by means of a registered deed dated the 10th of October 1951. These survey numbers however, remained all along in the khata of Muhammad Bakhsh respondent until he surrendered them under Martial Law Regulation No. 64. When the petitioner came to know about it, he applied to the Mukhtiarkar for the change of the khata. The case was referred to the Deputy Collector, Kamber, who observed on the 22nd of March 1961, that, as the sale had been effected through a registered deed, it was a genuine transaction. He, therefore, recommended the case to the Deputy Land Com missioner who ordered that the petitioner should prefer a regular appeal before the Land Commissioner, Khairpur. The petitioner went in appeal to the Land Commissioner, Khairpur, but the appeal was rejected as time‑barred. Hence this revision.
I have heard the petitioner. The sale in dispute was effected through a registered deed and should have been acted upon under the policy laid down by the Land Commission. The Land Commissioner, Khairpur, rejected the appeal on technical grounds instead of deciding the case on merits. The merits are in favour of the petitioner. I, therefore, accept the revision and direct that the registered sale‑deed should be given effect to.
S. Q. Revision accepted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer