| Case ID |
26769374-fe39-4dc2-979b-5e59111a83ea |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 371 of 1096 |
| Decision Date |
Feb 04, 1996 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed by Syed HUSAIN MAHMOOD SHAH challenging the cancellation of land mutations. The court upheld the order of the Commissioner, finding that the restrictions imposed under Paragraph 18 of the Land Reforms Regulation, 1972, were valid and effective. The court ruled that the sale of land by a tenant within the prohibited period was unlawful, and the cancellation of the mutation was justified. The court found no jurisdictional error or illegality in the Commissioner's order, and therefore, the petition was dismissed in limine. |
| Summary |
In the case of Syed HUSAIN MAHMOOD SHAH vs. PROVINCE OF PUNJAB, the Lahore High Court addressed significant issues regarding land ownership and tenant rights under the Land Reforms Regulation of 1972. The case revolved around the legality of a land sale made by a tenant who was granted rights under Paragraph 18 of the regulation, which prohibits alienation of land for a period of 25 years. The petitioner argued against the cancellation of the mutation of sale, while the respondents highlighted the restrictions on tenant transactions. The court ultimately found in favor of the respondents, affirming the importance of adhering to the legal framework designed to protect tenant rights and uphold land reform policies. This case underlines the critical balance between land ownership rights and the protective regulations in place for tenants. Keywords: Land Reforms, Tenant Rights, Lahore High Court, Legal Framework, Property Law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. KHURSHID AHMAD, J
|
| Lawyers |
Malik Dost Muhammad Awan, Advocate
|
| Petitioners |
anothers,
Syed HUSAIN MAHMOOD SHAH
|
| Respondents |
PROVINCE OF PUNJAB,
2 other
|
| Citations |
1997 SLD 603,
1997 CLC 329
|
| Other Citations |
Chena v. Shabbir Ahmad and another 1993 SCMR 705,
Ali Muhammad and others v. Chief Settlement and Rehabilitation Commissioner and others 1984 SCMR 94,
Umar Din and another v. Mst. Sharifan and another PLD 1995 SC 686
|
| Laws Involved |
Land Reforms Regulation, 1972,
Constitution of Pakistan (1973)
|
| Sections |
M.L.R. 115,
Art. 199
|