Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Minor declaration--Gift-deed--Gift transaction was declared void--Appeal--Allowed--Gift transaction was declared valid--Suo moto revisional powers--Previous orders regarding validation of gift transaction were set a side--Writ petition--Dismissed--Appeal dismissed--Non-applicability of provisions of land reforms regulations--Challenge to--Conclusion of apex Court having stood final became past and closed chapter--Declarant was accommodated to surrender land according to his revised choice, so tendered, thus excess land equivalent to 9162 PIUs was resumed in favour of Land Commission, therefore he or his successor cannot agitate his any right or interest in property in dispute--Chairman Federal Land Commission without considering said aspects of case erred in law to set aside said orders while reopening pandora box, which stood already culminated up to apex Court of State--Counsel for writ petitioner of Writ Petition No. 7695/2010 that view of Chairman was perfect as per impact of ‘Qazalbash Waqfs case (PLD 1990 SC 99)--It was settled thereby that said decision would not effect pending cases, which shall be decided under provisions of Land Reforms Regulation, 1972, hence was not applicable in case in hand--Petitions allowed. 1974 SCMR 409 ref. JUDGMENT Ch. Muhammad Masood Jahangir, JUSTICE.- For delivering this judgment, reference to the pleaded facts would be that Muhammad Abdullah son of Muhammad Hussain (predecessor of Respondents No. 5 6) was declarant under The Land Reforms Regulation, 1972 and being minor declaration on his end was filed by his father while disclosing in form LR-I that area of 2722-kanals 16-marlas was gifted out in favour of his sisters Nusrat Begum, Nuzhat Begum and Nasira Begum through Mutation No. 99 on 18th October, 1971, but Land Commissioner declared it void on 16th June, 1972. No doubt, thereafter it was reviewed by the same authority on 13th December, 1973 and declared the gift transaction to be invalid on the ground that it could not be said that the declarant’s father while making transaction as guardian of his minor son Muhammad Abdullah had acted in the interest of the latter by…

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