MALLA Versus THE STATE AND ANOTHER

ORDER

1. I have heard the learned counsel for the petitioner and have seen the records of the case. The area in dispute is in square No. 83. The learned counsel for the petitioner has produced before me a registered sale deed dated 23‑8‑71, by which this area has already been sold to the petitioner by the State. It is not understood how the Additional Commissioner in his order dated 5th October 1971 failed to take this fact into account and observed "the fact that Malla has got sale deed prepared does not stand in the way of the appellate Courts. The jurisdiction of the appellate Courts remains in tact till the appeals are finally decided" After having executed and registered the sale of this land the State functionaries cannot interfere in the enjoyments of the rights provided through the registered deed except under the exceptions provided in the deed. This case obviously is not covered by any of the exceptions. The revision petition is therefore, accepted. The order of the Additional Commissioner (Consolidation), Mr. Muhammad Nazeer Ahmad, B.A., LL.B., T.K., P. C. S., dated 5th October 1971, is set aside.

2. Order may be issued and parties may be informed accordingly. The Additional Commissioner concerned should also be informed of the above observations through his Commissioner.

3. Petition accepted.