ABDUR RAUF KHAN AND Another vs FIRM BABU MUNIR GHULAM SIDDIQUE — 1970 SCMR 594

Citation: 1970 SCMR 594

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-24

Parties: ABDUR RAUF KHAN AND Another vs FIRM BABU MUNIR GHULAM SIDDIQUE, PESHAWAR AND Other

Headnotes

Result: Order accordingly Judgment ORDER WAHIDUDDIN AHMAD, J.-Petitioners were owners of Khasra Nos. 4902, 4905, 4906, 4909 and 4674, situated in village Hazar Khani, Tehsil Peshawar.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title:ABDUR RAUF KHAN AND Another vs FIRM BABU MUNIR GHULAM SIDDIQUE, PESHAWAR AND Other Case No.: Civil Petitions for Special Leave to Appeal Nos. 28-P, 29-P and 30-P of 1969 Date of Judgment:1970-04-24 Reported As: 1970 SCMR 594 Result: Order accordingly Judgment ORDER WAHIDUDDIN AHMAD, J.-Petitioners were owners of Khasra Nos. 4902, 4905, 4906, 4909 and 4674, situated in village Hazar Khani, Tehsil Peshawar. By sale deed dated the 23rd November 1942, registered on the 18th June 1943, the respondent-firm purchased half share in the said land measuring 20 kanals, 4 marlas for a sum of Rs. 3,000. On the 24th April 1944, mutation was sanctioned but on the 22nd November 1944 the above mutation was cancelled on the ground that the vendees were not the members of the agricultural tribe. Two pre-emption suits were instituted ; one by Mst. Bibi Gula and the other by Mst. Tajwar Sultan against the said sale. On the 9th September 1948, both the suits were dismissed in revision by the Court of learned Judicial Commissioner on the ground that the vendees were non-agriculturalist. The suit of Mst. Bibi Gula was dismissed under sections 14 and 24 of the Punjab Pre-emption Act, while the suit of the other party was dismissed under section 24 of the said Act. After the amendment of section 4 of the Punjab Alienation of Land Act, the respondents again submitted an application for the fresh entry of…

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