SAR ANJAM KHAN vs Mir AFZAL KHAN AND 14 Other — 1958 PLD 198

Citation: 1958 PLD 198

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-09-30

Parties: SAR ANJAM KHAN vs Mir AFZAL KHAN AND 14 Other

Headnotes

Case cited as PLD 1958 Lah. 198

Judgment Text

Court Name: Peshawar High Court Judge(s): Ghulam Safdar Shah, Abdul Hakim Khan Title: SAR ANJAM KHAN vs Mir AFZAL KHAN AND 14 Other Case No.: Civil Appeal No. 20 of 1968 Regular Second Appeal No. 24 of 1964 Date of Judgment:1971-09-30 Reported As: PLD 1972 Peshawar 37 Result: A. JUDGMENT JUDGMENT ABDUL HAKEEM KHAN, J.---Sar Anjam Khan brought a suit for declaration, that he is owner of 350/381 shares that is to say, 1508 Kanals, 8 Marlas, out of the land comprised in Khatas 1/5, 9, 12, 19 and 16/244 to 264, situated in Char Banda, Mardan, and that (1) the revenue record showing him to be owner of 35/65 shares is wrong; (2) the defendant-respondents 1 to 4, namely, Mir Afzal Khan, Azizur Rahman Khan, Muhammad Ayub Khan and Mst, Zubeda Begum have no right in the same; and (3) consequently, the defendant-appellants 5 and 6, namely, the Deputy Land Commissioner, Mardan, and the Government of West Pakistan (now N. W. F. P. Government) have no powers under the Land Reforms i.e., M. L. R. No. 64, even with respect to a part thereof. He further prayed for the grant of a permanent injunction against defendant-respondents 5 and 6 restraining them from exercising their powers under Martial Law Regulation No. 64, as respects the aforementioned land. 2. This may here be mentioned, that Sar Anjam Khan con--tends, that the land in suit was given in the year 1923 by Abdur Rahman Khan to Mst. Sardaro (whose solitary Shariat heir he happens to be upon her death in January 1960) as dower on…

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