| Case ID |
f70562b1-91a6-4c19-8856-34367b8398fa |
| Body |
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| Case Number |
R.O.Rs. Nos. 604 and 164 of 1989 |
| Decision Date |
Aug 24, 1990 |
| Hearing Date |
|
| Decision |
The Board of Revenue accepted the revision petition of Khuda Bakhsh and Muhammad Yar, setting aside the order of the Additional Commissioner. The case revolved around the interpretation of the Land Reforms Regulation, specifically M.L.R. 115 and M.L.R. 64. Mst. Iqbal Bibi sold her land for residential purposes, but it was later claimed to be cultivated, leading to a cancellation of the sale by the Deputy Commissioner. However, it was established that the entire holding could be sold even if it was below subsistence holding, and the cancellation was unjustifiable. The court concluded that the sale was valid as it complied with the provisions of the law. |
| Summary |
This case involves the interpretation of land reform regulations in Punjab, specifically the transactions of land ownership by Mst. Iqbal Bibi. The case highlights the legal complexities surrounding land sales, particularly when regulations M.L.R. 115 and M.L.R. 64 are involved. The main issue was whether the sale of land for residential purposes was valid when it was later claimed to be cultivated contrary to the stated purpose. The Board of Revenue ruled in favor of the petitioners, Khuda Bakhsh and Muhammad Yar, emphasizing that the entire holding could be sold under the law. The decision reinforced the principle that land reform regulations should be interpreted in a manner that does not unduly restrict the rights of landowners, thereby promoting legal clarity in property transactions. Key phrases such as 'land reform', 'property rights', and 'legal interpretation' are critical for understanding the implications of this case. The ruling also touches upon the importance of jurisdiction in land disputes, highlighting the necessity for proper legal procedures to be followed in administrative actions regarding land ownership. |
| Court |
Board of Revenue, Punjab
|
| Entities Involved |
Not available
|
| Judges |
AKHTAR SAID MEMBER, JUDICIAL-II
|
| Lawyers |
Ch. Abdul Rashid,
Khalid Farooq Qureshi,
Malik Muhammad Nawaz,
Malik Abdul Sattar Chaughtai
|
| Petitioners |
KHUDA BAKHSH,
Mohammad Yar
|
| Respondents |
Mst. IQBAL BIBI
|
| Citations |
1991 SLD 1648,
1991 CLC 219
|
| Other Citations |
1968 S C M R 667
|
| Laws Involved |
Land Reforms Regulation, 1972
|
| Sections |
M.L.R 115,
M.L.R. 64
|