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Alienation of land

Alienation of land legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

1986 SCMR 286 SUPREME-COURT Judicial Precedent
Para. 25Civil Procedure Code (V of 1908), O. XX, r. 6Alienation of landMutation in consequence of decree of civil CourtValidity of-Reduction of holding below subsistence holdingWhether transaction was not sever-able and void as a whole and not in part

Restriction being on alienation of "portion of his holding" which had effect of reducing a holding to an area less than area of subsistence holding, taint was confined to a small portion which was sever-able and such severance was in accord with general principles of law and public policy behind it

Law is to be applied to decree as it stands irrespective of and ignoring subsequent concessions made by parties-Decree

1986 SCMR 668 SUPREME-COURT Judicial Precedent
Arts. 185(3) & 199Land Reforms Regulation, 1972 [M.L.R. 115], para. 7Constitutional jurisdictionAlienation of landInadequate considerationTransaction whether valid anti bona fideDispute between declarant and alienees

Inadequacy of consideration whether by itself could be a ground sufficient for refusal to validate transaction of sale-Plausible reason given for apparent inadequacy of consideration

Grounds raised for protecting sale being relatable to facts which were considered by competent authority, could not be re-examined in Constitutional jurisdiction

High Court's order refusing interference being unexceptionable, leave to appeal refused.

1981 SCMR 439 SUPREME-COURT Judicial Precedent

Alienation of land-Riwaj-i-Am (1887) of Gujar Khan Tahsil- Preferable to Riwaj-i-Am (1910) of such Tahsil-Sonless Bhatti Rajput proprietor resident of Gujjar Khan Teshil-Held, competent to alienate his ancestral land by way of gift to his daughter's son.

1973 PLD 56 BOARD-OF-REVENUE-NWFP Judicial Precedent
para. 7(1)(b), Explanation III-Alienation of landDate of alienationDate of payment of price and change of possession and not entry or attestation of mutation

Appellant, an allottee of State land, before making its full payment, entering into its sale agreement-Sale price received and possession transferred to vendors on 2-10-1971 under intimation to Revenue Staff-Mutations, however, entered and sanctioned after 20-12-1971

Alienation, in circumstances, held, not affected by provisions of para. 7(1) a)

Mutations, in circumstances, though sanctioned after 20-12-1971, held, should be accepted as in order in view of Explanation III, para. 7(1)(b).

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Precedents & Case Laws citing "Alienation of land"

PLD 1962
Regular First Appeal No. 8 of 1959, decided on 23rd November 1961.

P L D 1962 (W

Maulvi ATAULLAH‑‑Appellant Versus MOHAMMAD FAZIL AND OTHERS‑Respondents

Court:
PLD 1962
Writ Petition No. 945 of 1960, decided on 19th December 1961.

P L D 1962 (W

Mst. HABIBAN BIBI‑Petitioner Versus NASIR AHMAD, MEMBER BOARD OF REVENUE, WEST PAKISTAN, LAHORE AND OTHERS‑Respondents

Court: (b) Punjab Land Revenue Act (XVII of 1887), S. 16 --Limitation‑Revision petition entertained by Board after 21 years of order sought to be revised‑Board's order not interfered with by High Court in writ proceedings‑Mst. Bibi and another v. Mst. Hasham Bibi and others P L D 1961 W. P. (Rev.) 103 and Muhammad Hussain v. Abdul Ghani P L D 1961 W. P. (Rev.) 104 considered.
YLR 2000
Civil Appeal No. 18 of 1998, decided on 30th June, 1999.

2000 Y L R 869

GHULAM SARWAR‑‑‑Appellant Versus MUHAMMAD HUSSAIN and another‑‑‑Respondents

Court: High Court
PLD 1993
R.S.A. No.979 of 1969 and C.M.A. No.224‑C of 1993, heard on 23rd February, 1993.

P L D 1993 Lahore 448

GHULAM MUHAMMAD and 2 others‑‑Appellants Versus AMIR and 3 others‑‑Respondents

Court:
YLR 2001
Regular Second Appeal No.4 of 1989/BWP, decided on 24th July, 2001.

2001 Y L R 2078

MUHAMMAD ANWAR ‑‑‑Appellant Versus MUHAMMAD BOOTA‑‑‑Respondent

Court: Lahore
PLD 1955
Civil Appeal No. 13-A of 1954 decided on 16th February 1955, against the judgment and decree of the Senior Sub-Judge, Rahimyarkhan dated the 7th February 1954.

P L D 1955 Baghdad﷓ul﷓Jadid 13

Mst. SHARAM KHATOON-Plaintiff-Appellant Versus HAZOOR DIN and others-Defendant-Respondents

Court:
PLD 1962
Revision Side No. 262 of 1960‑61, decided on 18th August 1961, District Lahore.

P L D 1962 W

FEROZ DIN AND OTHERS‑Petitioners Versus Khawaja ABDUL KARIM AND ANOTHER‑Respondents

Court:
MLD 1991
1990-November-5

1991 M L D 426

Haji ABDUL SATTAR — Appellant Versus Haji ABDUL FATAH — Respondent

Court: Peshawar
PLD 1951
Regular First Appeal Case No. 50 of 1948, decided on 29th May 1951, from the decree of Major Ch. Fazal Haq, Senior Sub- judge, Multan, dated the 15th May 1948, dismissing the plaintiff s suit with costs.

P

Malik BAGGU KHAN‑Plaintiff‑Appellant Versus GHULAM MUSTAFA KHAN‑Defendant‑Respondent

Court:
PLD 1950
Appeal No. 2 of .1947‑48, decided on 22nd January 1950, from the order of the Commissioner dated 19th July 1947.

P L D (Rev

Kh. HAMID GHULAM SADIQ and others — Appellant Versus Pt. SURAJ BHAN‑Respondent

Court: