This case was taken by Nasim Khan to the Supreme Court. In Nasim Khan v. Shah Said and others — 1968 SCMR 971

Citation: 1968 SCMR 971

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-06-19

Parties: ABDUL MAJID KHAN (REPRESENTED BY HEIRS) vs SHAHZADA ASIF JAH

Headnotes

972) "Special leave to appeal was granted in this case to consider whether the High Court were right in holding that a notification issued by the Land Commission on the 16th July 1962, permitting exchange of land by a land owner having less than a subsistence holding, could operate retrospectively so as to validate an exchange effected in 1959 and which may have been originally repugnant to Martial Law Regulation 64". However the Supreme Court considered it --- ## Page 4 unnecessary and redundant to express any opinion as to the validity or otherwise of the exchanged transaction involved in the case, because the case was decided on another point.

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title: ABDUL MAJID KHAN (REPRESENTED BY HEIRS) vs SHAHZADA ASIF JAH Case No.: Regular Second Appeal No. 14 of 1963 Date of Judgment:1969-06-19 Reported As: PLD 1970 Peshawar 37 Result: Appeals dismissed JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.-This appeal (R. S. A. No. 14 of 1963) and R. S. A. No. 15 of 1963 arise out of the same sale in favour of Abdul Majid Khan vendee --appellant. The points of law are common in both the appeals. Both the appeals are, therefore, disposed of by this judgment. 2. Abdul Majid Khan defendant-appellant (who has died during the pendency of the appeal and is represented by his legal representatives) was owner of excessive landed property, including the suit property. By Mutation No. 1135, attested on 21-11-1941, Abdul Majid Khan gifted the suit property along with other land in favour of his three sons, namely, Muhammad Akram, Gohar Aman and Hakam Khan. By Mutation No. 481, attested on 26-7-1960, the three sons are purported to have sold the Suit Khasra No. 16 (Appeal No. 14/63) measuring 222 kanals situated in village Timbri Tehsil Mansehra and Khasra No. 258 (Appeal No. 15/63) measuring 86 kanals 17 marlas of the same village along with other land in favour of their father Abdul Majid Khan. This sale was pre-empted by two suits. Suit No. 191/1 of 1961 was instituted by Shahzada Asif Jah, minor son of Muhammad Haroon, through his next friend Muhammad Hanif Khan against…

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