Law:

Section:

Land Reforms Regulation (M. L. 8.115 of 1972)----- Para. 7 [as amended by Land Reform: (Punjab Amendment) Ordinance (XV of 1972)]-Provision of S. 7-An enabling or empower­ing provision-Cannot be read to validate what is invalid under Muslim or any other law-Provisos to cl. (b)-Not intended to empower a Muslim minor of relevant category to make a gift not permissible under Muhammadan Law-Transfer void ab initio for reason of transferor being under disability-No transfer in eye of law-Such transfer to be struck down independently of provisions of Land Reforms Regulation 115. JUDGMENT MUHAMMAD GUL, J.-Ahmad Nawaz Shah aged about 8, petitioner herein, and a declarant under Land Reforms Regulation, 1972 purporting to act through his father Syed Ghulam Mujtaba Shah made an oral gift of land measuring 400 kanalas in favour of his infant sister, Mst. Rahila Kauser aged about 1½ years. The mutation was entered at No. 173 and attested on 17-2-1971. The donee died shortly thereafter and the land gifted to her was mutated in favour of the donee's father, also declarant, to the extent of 5/6th share measuring 333 kanals and 7 marlas and her mother to the remainder 1/6th share, vide mutation No. 182 attested on 10-9-1971. The donee's father in his declaration had also shown himself to be the owner of 333 kanals 7 marlas gifted land. After coming into force of the Land Reforms Regulation, 1972, the gift by the petitioner in favour of his sister came under the scrutiny of the Land Commission authorities. The Land Commissioner, Bahawalpur Division gave effect to the gift but the Chief Land Commissioner by order dated 28-6-1973 declared it to be ineffective and of no consequence for the reason that it fell within the mischief of clause (b) of sub-paragraph (1) of paragraph 7 of the Regulation and was not saved by the second proviso to the said clause as inserted by Land Reforms (Punjab Amendment) Ordinance, (Punjab Ordinance XV of 1972). Aggrieved by the order of the Chief Land Commissioner the petitioner filed a writ petition which was dismissed in limine by a learned Judge of the Lahore High Court on 2-10-1973 on the ground that the alleged oral gift by the petitioner who…

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