P L D 1966 W (PLP)

Appeals Nos. 99 and 100 of 1958‑59, decided on 27th July 1959. West Pakistan Land Reforms Regulation, 1959, para, 7

Agreement to sell land executed and part of purchase money paid on 7th February 1958‑Possession also delivered to vendee soon after‑Sale‑deed registered and balance of price paid on 12th November 1948‑Transfer of land, held, not completed before 8th October 1958, hence hit by para.

7. Dharamdas Moolchand for Appellants. This order will dispose of the two appeals mentioned above. These two appeals have been filed against an order dated the 15th of June 1959, passed by the Land Commissioner, Hyderabad, who refused to validate an agreement of sale entered between the parties. The facts of the case are that on 7th February 1958, Seth Jessumal entered into an agreement to sell the land in dispute to Haji Abdul Hasan. On that very date, a sum of Rs. 5,000 was paid as a part of purchase money. Seth Jessumal then approached the Deputy Custodian for the issue of a "No Objection Certificate" on 4th March 1958. The Deputy Custodian actually gave the Certificate on 9th October 1958. The sale was registered on 12th November 1958, when the balance of the sale price was paid. The parties put in an application for the validation of the transaction to the Deputy Land Commissioner who recommended the case .to the Land Commissioner. The learned Land Commissioner, however, rejected the request on the ground that no transfer of land or creation of any rights or interests could be made after the 8th of October 1958. Hence these appeals. I have heard the learned counsel for the appellants at great length. He has referred me to section 3(a) of the Transfer of Property Act, but I am afraid that section does not help the appellants for the simple reason that it only gives details of the obligations on the parties to the transaction. A reference has also been made to section 49 ‑of the Registration Act. I am afraid, this section does not help the appellants either.. The main question for determination in these cases is as to whether transfer was complete before or after the Martial Law. As the facts stand, only an agreement to sell was entered into on 7th February 1958, when a part of the price was paid. The balance of the price was paid only after registration. It is unfortunate that the Custodian took a long time to give a "No Objection Certificate" but as the law stands, I am afraid; the appellants cannot be helped. It is also true that possession was given to the transferee soon after the sale agreement was entered into but the fact still remains that the whole of the sale price was not paid before the introduction of the Martial Law. The transfer cannot, therefore be said to be complete before the 8th of October, 1958. Transfers after that date are not permissible under the Martial Law Regulation notwithstanding anything to the contrary contained in any law for the time being in force, when such transfers are made by persons affected by the Martial Law Regulation. In these circumstances, I regret, I cannot interfere with the order passed by the learned Land Commissioner. Both the appeals fail and are dismissed hereby. S. Q. Appeals dismissed.