P L D 1966 W (PLP)
Nawabzada HAIBAT KHAN‑Petitioner Versus GHANI AND OTBERS‑Respondents
| Citation | P L D 1966 W (PLP) |
| Forum / Court | |
| Bench Members | I. U. Khan, Chief Land Commissioner, West Pakistan |
| Parties | Nawabzada HAIBAT KHAN‑Petitioner Versus GHANI AND OTBERS‑Respondents |
Q1: What are the key laws and sections cited in P L D 1966 W (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1966 W (PLP)?
The case was heard and decided by the bench comprising: I. U. Khan, Chief Land Commissioner, West Pakistan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1966 W (PLP) (Nawabzada HAIBAT KHAN‑Petitioner Versus GHANI AND OTBERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Kh. Abdur Rahim for Petitioner.
- Wajid Ali for Respondents.
Headnotes / Summary
Pakistan Land Reforms Regulation, 1959, para. 19 read with Sale Scheme, cl. 5‑Only adult members of cultivating tenant's family eligible to purchase resumed land‑Minors disallowed.
Judgment & Decree
Wajid Ali for Respondents. This order will dispose of the following three reviews:‑
(i) No. 1 of 1962‑63 (Nawabzada Haibat Khan v. Ghani and others). (ii) No. 20 of 1962‑63 (Nawabzada Rehmat Khan v. Ghani and others). (iii) No. 21 of 1962‑63 (Nawabzada Azmat Khan v. Ghani and others). These reviews lave been filed against my order, dated 24th September 1962, whereby I accepted the revision filed by Ghani Khan, respondent No.
1. The detailed facts of these cases are given in my order mentioned above and need not be repeated. In the concluding para graph of this order, land was given to Ghani Khan and his four sons Badshah Khan, Shaistah Khan, Qutab Khan and Aslam Khan on his assumption that all the four sons were adults. Qutab Khan and Aslam Khan are present and both of them are minors. Under clause 5 of the scheme for the sale of land and under para graph 19 of the Martial Law Regulation No. 64 only adult male members of a tenant's family can be sold land in addition to a subsistence holding being given to the tenant himself. In these circumstances, the only persons who were entitled to get land in paragraph 5 of the scheme are Badshah and Shaistah Khan. The other two sons being minors could not be given any land under this para. In these circumstances 1 partially accept the review and direct that only Ghani Khan and his 2 sons Badshah Khan and Shaistah Khan will be given land under paragraph 5 of the scheme and each of these 3 persons will get 12 acres of land. The rest of the land in dispute will be treated as untenanted and could, therefore, be sold to the petitioner. For purposes of this sale, the land in excess of the entitlement of Ghani Khan, Badshah Khan and Shaistah Khan shall be treated as untenanted. S. Q. Petition party accepted.