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ABDUL AZIZ versus FEDERAL LAND COMMISSION, RAWALPINDI


Paragraph: 8 [As amended by the MLR and by and the Scheme for the Amended Scheme, 101, the sale contract for the sale of the parsonage of the Seekerland Land without the consent of the Collector, with the applicant's arms The applicant also has the right to exchange the land transferred by the land commissioner, through the appointment of a Land Commissioner, for the loss of the installments of the applicant who contracted the sale and also paid the land. Impact of Termination of Contract of

1981 C L C 1447

Before Abdul Mian and Z.A. Valliani, JJ

ABDUL AZIZ‑‑Petitioner

versus

FEDERAL LAND COMMISSION, RAWALPINDI AND 3 OTHERS ‑ --

Respondents

Constitutional Petition No. 1524 of 1974, decided on 13th May, 1981.

(a) Load Reforms Regulation, 1912 [M. L. R. 115]---‑

‑‑‑ Para. 10‑Land allotted against father's property‑Person having no personal claim, filing claim form in his own name ‑ in respect of evacuee property left in India by his father dying in Pakistan-- Held: Claimant pursued application form for verification as legal heir of deceased father and not in independent capacity and land allotted to him against property left by his father in India to be treated as property inherited from father.

(b) Scrutiny of Claim (Evacuee Property) Regulation, 1961 [M. L. It. 89]----

---‑‑Para: 8 [as amended by M. L. R. 91 and Scheme for Disposal of Land Surrendered, pare. 101‑‑Sale agreement of surrendered land‑ Parson. without permission of Collector, entering into agreement of sale of surrendered land with petitioner and also harming over possession of land‑Petitioner paying instalments outstanding towards its price‑‑Mutation of land is favour of petitioner also effected‑‑Rejection of sale agreement by hierarchy of Land Commissioner, held, improper and illegal.

Ch. Atta Muhammad and 10 others v. Federal Land Commission 1979 C L C 294 ; All Khan v. Additional Chief Land Commissioner, Sind Hyderabad and 3 Bikers P L D 1911 Kar. 189 ; Mahfoozur Rehman Babar and 10 others v. Federal Land Commission and 3 others ; P L D 1980 Kar. 427 and Limo Khan and another v. Member, Federal Land Commission and 3 others P L D 1981 Kar. 114 rel.

S. Nasiruddin for Petitioner.

Muhammad Ibrahim Menton, Addl. A.‑G. and Mirza Aashid for Respondents.

Date of hearing :13th May, 1981.

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