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Appeal No. 306 of 1958‑59, decided on 11th August 1959.
para. 7(2) Sale of land‑Part of sale price paid before imposition of Martial Law but delivery of possession not established nor tenants informed about change of ownership‑Transaction, held, not completed before imposition of Martial Law‑Validation of sale rightly rejected.
Khalifa Mumtaz Hussain for Appellant.
This order will dispose of the following two appeals:‑----
(1) Dewan Syed Muhammad Sultan Ahmad alias Dewan Syed Ghulam Abbas v. State (306).
(2) Dewan Syed Muhammad Sultan Ahmad alias Dewan Syed Ghulam Abbas v. State (307).
These two appeals have been filed against orders dated the 11th of June 1959, passed by the Land Commissioner, Multan, whereby he refused to validate the oral sale of the land in question made by the appellant in favour of Ghulam Sarwar, etc.
The facts of the case are that the appellant moved for the validation of the sale mentioned above. The Land Commissioner found that the Patwari made a report in his Roznamcha Waqiati on 3rd January 1959, and the mutation is still pending. Hence these two appeals.
I have heard the learned counsel for the appellant. He has shown me some documents to show that the part of the sale price was paid in instalments before the imposition of the Martial Law. There was no evidence to establish that the delivery of possession took place before the imposition of the Martial Law or the tenants were informed about the change of ownership. It is, therefore, clear that the transaction was not complete before the imposition of the Martial Law. The validation was, therefore, rightly rejected. No interference is called for. Both the appeals fail and are rejected hereby.
S. Q. Appeal rejected.
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