| Case ID |
f8e13a54-2446-4043-a37e-401d0591db27 |
| Body |
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| Case Number |
Regular First Appeal No. 272 of 1946 |
| Decision Date |
Feb 16, 1951 |
| Hearing Date |
|
| Decision |
The appeal was accepted, setting aside the order of the learned Sub-Judge and dismissing the plaintiffs' suit with costs throughout. The court found that the transaction between Khuda Bakhsh and Raja Khan contravened Section 19 of the Punjab Colonization of Government Lands Act, rendering it void. The court ruled that Raja Khan had been in continuous possession of the land in question, and the plaintiffs failed to prove their claim of dispossession within the statutory period. The court also noted the principle of 'in pari delicto', stating that neither party could seek the assistance of the court due to their involvement in an illegal transaction. |
| Summary |
This case revolves around the interpretation of the Colonization of Government Lands (Punjab) Act, 1912, specifically Section 19, which prohibits the transfer of tenancy rights without government approval. The case involves Raja Khan, who claimed ownership of land after purchasing tenancy rights from Bhai Khan, but without formal recognition from the government. The court ruled in favor of Raja Khan, affirming his possession and dismissing the plaintiffs' claims. The case highlights important legal principles including adverse possession and the implications of illegal contracts, emphasizing the importance of adhering to statutory requirements in property transactions. The decision underscores the need for clarity in ownership and the legal ramifications of informal agreements in property law, making it a significant reference point for future cases in similar contexts. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S.A. Rahman,
M.R. Kayani
|
| Lawyers |
Yakub Ali Khan,
Zahir Abbas,
B.Z. Kaikaus
|
| Petitioners |
Raja and others
|
| Respondents |
Karam Ali and others
|
| Citations |
1951 SLD 49,
1951 PLD 177
|
| Other Citations |
58 P. R. 1913,
A.I.R. 1938 Lah. 721,
P.L.D. 1949 Lah. 158,
R.S.A. No. 690 of 1945,
A.I.R. 1941 Lah. 407,
A.I.R. 1914 Lab. 282,
A.I.R. 1933 Lah. 738,
A.I.R. 1924 P.C. 65,
A.I.R. 1923 P.C. 205
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act, 1912,
Limitation Act, 1908,
Transfer of Property Act, 1882
|
| Sections |
19,
53A,
142,
43,
55
|