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Initializing Secure Chambers
Petitioner: BAH AWAL and 2 others VS Respondent: MUHAMMAD QAMAR KHAN and others
Court Name: Lahore High Court Judge(s): Ch. Amjad Khan Title: BAH AWAL and 2 others vs MUHAMMAD QAMAR KHAN and others Case No.: Regular Second Appeal No. 194 of 1966 Date of Judgment:1987-01-07 Reported As: 1987 CLC 1218 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' A usual declaratory suit under Custom filed by respondent No.1 Muhammad Qamar Khan to challenge sale of agricultural land, measuring 341 Kanals 17 Marlas situated in Chak No.65/13 Tehsil Nankana Sahib made by his father Muhammad Aslam Khan respondent No. 2, in favour of Bahawal and 2 other defendant-appellants herein, by means of a registered deed dated 23-2-1954; as being ineffective against his reversionary interest for the reason of its being the ancestral land qua him held by the vendor and being without consideration and legal necessity was dismissed by the trial Court on 8-7-1965 but was decreed in appeal on 1-11-1965 by a learned Additional District Judge upon reversing the trial Court's findings under issues Nos. 2 and 4 which relate respectively to the application of custom of restricted power of alienation and the consideration and necessity for the sale. This decree is assailed in this second appeal instituted in the year 1966. 2. By virtue of section 2-A (b) of Act V of 1962, as inserted by the Punjab Ordinance XIII of 1983, that appellate decree affirming the right of the plaintiff has become void and by virtue of clause (c) thereof, this appeal itself has abated. The same is accordingly dismissed, without any order as to costs.