Find a Lawyer

Civil Second Appeal No 260 of 1968, decided on 19th November, 1979.

-----‑ S. 23 read with S. 73‑A, Sind Land Revenue Code (V of 1879) Agreement forbidden by law‑Grantee of Government land on temporary basis later granted land on permanent basis on condition that he may not without permission in writing of Revenue Officer, lease mortgage, sell or encumber land before paying full price-- Parties during tenure of grant on temporary basis executing agreement whereby grantee agreed to give half of land to appellant upon certain conditions‑Agreement challenged as void being in breach of conditions of grant‑Agreement executed long before land granted to grantee on permanent basis and grantee rescinding contract alleging failure of appellant to perform his part of contract‑Held grantee not party to any illegal contract nor took advantage of his own wrong.

Manznor Hussain v. Wali Muhammad P L D 1965 S C 425 and Muhammad Saeed v. Province of West Pakistan P L D 1964 S C 572 distinguished.

‑‑‑ S. 54‑Contract for sale of immovable property‑‑Cannot create interest in such property‑Grantee's right or title vesting in him by virtue of grant, held, unaffected by mere contract for sale.

‑‑ S. 28‑‑Civil Court‑Jurisdiction‑Grantee of state landing failure on part of tenant to give him his share of produce for ant period ‑Dispute, held clearly of nature contemplated under Sind Tenancy Act, 1950 and as such outside jurisdiction of civil Court. [Jurisdiction].

Sabir Hussain Rehmani for Appellant.

Izat Khan Jokhio for Respondent No. 1.

Respondent No. 2 (absent).

Date of hearing : 19th November, 1979.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.