Mst. CHUNAN And Others vs AYUB HUSSAIN And Other
This matter concerns a petition for leave to appeal against a judgment of the High Court, which had declared an allotment of land to a third party, Hafiz Ihsanullah, to be without lawful authority and of no legal effect. The dispute originated from agricultural land originally proposed for the respondents in 1964, which was later cancelled in 1971. In the interim, a portion of this land was transferred to Hafiz Ihsanullah in 1969, eventually passing to the petitioners through successive sales and a pre-emption suit. The respondents successfully challenged the allotment to Hafiz Ihsanullah in the High Court. The petitioners, as subsequent owners, sought leave to appeal, contending that the initial proposal in favour of the respondents lacked specific khasra numbers, making it impossible for them to ascertain the illegality of the allotment to Hafiz Ihsanullah. The Supreme Court found that this contention required further examination. Consequently, the Court granted leave to appeal to determine the validity of the allotment and the rights of the subsequent purchasers in light of the initial proposal's lack of specificity.
- Does an allotment proposal lacking specific khasra numbers provide sufficient notice to subsequent purchasers regarding the illegality of the allotment?
- Can a subsequent purchaser of land claim protection if the initial allotment to their predecessor was declared without lawful authority?
ORDER
SAAD SAOOD JAN, J.---On 7-11-1964, agricultural land equivalent to 1588 Produce Index Units was proposed in the name of the respondents against their verified claim. The proposal was cancelled on 13-8-1971. On 29-8-1969, about 110 kanals of land covered by the proposal in favour of the respondents was transferred on a permanent basis to one Hafiz Ihsanullah. Consequent upon successive sales and a pre-emption suit, the petitioners became owners of the land in dispute.
2. When respondents Nos.1 to 10 learnt about the cancellation of the proposal in their favour and the transfer of part of their allotment to Harz Ihsanullah, they filed a writ petition in the High Court. A learned Single Judge accepted the writ petition and declared the allotment made to Hafiz Ihsanullah to be without lawful authority and of no legal effect. Aggrieved by the order of the High Court, the petitioners seek leave to appeal from this Court.
3. In support of this petition, it is stated that the proposal in favour of the respondents was made with reference to shares in the joint khasras without reference to any khasra number. 1n the circumstances, no means were available to the petitioner to find out that the allotment made to Hafiz Ihsanullah was illegal. This contention needs examination. Leave to appeal is granted.
Security for costs in the sum of Rs.5,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents. If any. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.