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MST. AZIZ BIBI versus ADDITIONAL COMMISSIONER


Sections 10 and 11 are available to take advantage of Section 41 of the Transfer of Property Act (IV of 1882), Section Constitution41 Constitution of Pakistan (1973), Article 199 of the Transfer of Property Act, 1882, to the cancellation of the Ultimate Purchase. Under the request, the allotment was granted by the allotment authority in excess of the allotment privilege, therefore, the allotment was canceled because the vendor could not cancel the allotment that exceeded that right. Where the allotment of land was subject to the provisions of sections 10 and 11 of the Homeless Land (Land Settlement) Act, 1958, every purchaser of the allotment had to be made aware that the purchase transaction was subject to the said provisions. They could not raise the request for protection of the law as well as the principle of section 41 of the Transfer of Property Act, 1882. The treatment of the shopkeeper was not against the settlement of the department but the seller was rightly refused to accept the position taken by the petitioner and the High Court did not interfere with the same petitioner. I was neither illegal nor unlawful or unfairly dismissed in the circumstances.

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