Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GHULAM RASOOL And Others VS Respondent: SUBA (Deceased) Represented By Ghulam Nabi And Another
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Nasim Hasan Shah Title:GHULAM RASOOL And Others vs SUBA (Deceased) Represented By Ghulam
Nabi And Another Case No.: Civil Petition No. 400 of 1986 S . A . No. 544 of 1978 Date of Judgment:1986-06-29 Reported As: 1986 SCMR 1532 Result: Leave granted Judgment ORDER NASIM HASAN SHAH, J.--It is .Submitted in support of this petition that the sale of the land in dispute by the petitioners in favour of Mst. Fatima Bibi respondent No. 2, vide sale-deed, dated 12- 7-1969, was violative of Martial Law Regulation No. 64 and, therefore, the Revenue Authorities, vide order, dated 6-12-1969, refused to sanction the mutation of sale. Hence, the suit filed thereafter on 14-1-1970, to pre-empt the said sale was of no avail, there being no valid sale in the eye of law which could have been pre-empted. The view expressed by the learned Courts below, while decreeing the suit of the pre-emptor, that this was a case of re-sale or return of the property to the petitioners was erroneous in law as no sale at all had in fact taken place. Security Rs.2,500. Interim order, dated 16-4-1986 to continue meanwhile.