| Case ID |
67c80164-f86e-400e-8cec-bc67690b8a6a |
| Body |
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| Case Number |
Regular Second Appeal No. 860 of 1965 |
| Decision Date |
Mar 12, 1980 |
| Hearing Date |
Mar 02, 1980 |
| Decision |
The Lahore High Court dismissed the appeals, affirming the findings of the lower courts which ruled that the agreements in question were invalid due to non-compliance with the provisions of the Colonization of Government Lands Act. The court found that the execution of the agreements had not been adequately proved and that any relinquishment of rights without the necessary permissions from the Collector was void. The court emphasized that the determination of whether an agreement was executed is a matter of fact, which cannot be challenged in a second appeal unless misreading of evidence is demonstrated. The findings regarding the non-payment of the full purchase amount on behalf of the respondents were also upheld, leading to the conclusion that the claims made by the appellant lacked legal merit. |
| Summary |
This case revolves around the appeals filed by Nura against the decisions of the lower courts regarding the ownership of lands purchased in an auction. The primary legal issues concern the validity of agreements of relinquishment made by the respondents, which were claimed to have been obtained under fraudulent circumstances. The Lahore High Court reiterated the importance of legal compliance under the Colonization of Government Lands Act, particularly Section 19, which mandates that any transfer of land rights must be sanctioned by the relevant authorities. The court's decision highlights the necessity for clear evidence in proving the execution of agreements and underscores the legal principle that agreements executed without proper authorization are void. This case serves as a critical reference for future legal matters involving land transfers and the adherence to procedural requirements in property law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Khurshid Ahmad, J
|
| Lawyers |
Kh. Muhammad Tufail,
Malik Saeed Hasan
|
| Petitioners |
Nura
|
| Respondents |
Samand
|
| Citations |
1982 SLD 865,
1982 PLD 647
|
| Other Citations |
Ghulam Muhammad v. Lakha Singh and another A I R 1935 Lab. 181,
Fateh Muhammad v. Muhammad Shafi P L D 1953 Lab. 251,
Ghulam Rasul etc. v. Muhammad Anwar and others 1969 S C M R 254,
Mirza Muhammad Ahmad Beg v. Mirza Amjal Beg P L D 1978 Lab. 421
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Colonization of Government Lands (Punjab) Act (V of 1912)
|
| Sections |
100,
19
|