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1986 SCMR 1532

GHULAM RASOOL And Others vs SUBA (Deceased) Represented By Ghulam

Citation1986 SCMR 1532
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 400 of 1986 S . A . No. 544 of 1978
Date1986-06-29
Judge(s)Mian Burhanuddin Khan, Nasim Hasan Shah
ResultLeave granted

ORDER

1. 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.

2. Security Rs.2,500.

3. Interim order, dated 16-4-1986 to continue meanwhile.

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