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KHIZAR HAYAT versus SHAH NAWAZ


O XXXIX, rr 1 & 2 and the Colonial Act (V 19 19) of the Government Land (Punjab), agreeing to sell and give possession of the State land under section 19 merger Respondent 19 without compliance with the provisions of such agreement. Holding, revoking and refusing a temporary injunction rightly

1981 C L C 139

[Lahore]

Before Karrar Hussain Zaidi, J

KHIZAR HAYAT AND 2 OTHERS--Appellants

versus

SHAH NAWAZ‑Respondent

F. A. O. No. 344 of 1979, decided on 3rd February 1980.

(a) Civil Procedure Code (V of 1908)‑

---O. XXXIX, rr. 1 & 2 and Colonization of Government Lands (Punjab) Act (V of 1912), S. 19‑Injunction‑Respondent agreeing to sell State land and delivering possession without complying with provisions of S. 19‑Such agreement, held, void and temporary injunc tion rightly refused.‑[Injunction].

Muhammad Aslam v. Muhammad Shafi P L D 1976 Lah. 923 ; Jamil Ahmad V. Provincial Government of West Pakistan N .L R 1578 Lah 513 ; Sardar Wali Muhammad v. Sardar Muhammad 1qbal Khan Mokal P L D 1975 Lah. 492 ; Province of Punjab v. Kohistan Travel Service P L J 1977 Lah. 782 ; Abdul Shakoar v. A. S. Tasneem 1974 S C M R 463 ; Muhammad Ahmad Beg v. Amjad Beg P L D 1978 Lah. 421 ; Ghulam Rasoal v. Muhammad Anwar 1969 S C M R 254 and State v. Ghulam Muhammad P L D 1969 Rev. 1 ref

(b) Evidence Act (I of 1872)---

‑‑ S. 115‑.Estoppel‑Agreement expressly declared void‑Doctrine of estoppel, held, cannot be invoked to legalise such agreement. [Estoppel].

Malik Muhammad Nawaz for Appellant.

Muhammad Hanif Niazi for Respondent.

Date of bearing : 3rd February 1980.

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