Law: Specific Relief Act, 1877

Section: 42&54

(a) Specific Relief Act (I of 1877)--- ----Ss.42 54---Suit for declaration and permanent injunction---Gift---Scope---Plaintiffs filed suit for declaration and injunction against their father and provincial government contending therein that they were owners of suit land by virtue of gift made in their favour by their father---Plaintiffs’ father admitted the claim of plaintiffs in respect of purported gift made by him, whereas the Mukhtiarkar denied the claim of plaintiffs by arguing that it was a collusive suit to avoid the operation of Land Reforms Regulations, 1972---Trial Court dismissed the suit whereas Appellate Court decreed the suit---Validity---Appellate Court had placed reliance on an order of Land Commissioner dated: 20-09-1972 for coming to the conclusion that a valid gift was made as claimed---Order of the Land Commissioner was outcome of some proceedings initiated against the father of plaintiffs, who according to the case before the Land Commissioner had failed to disclose various land(s) (Suit Land included) in his declaration as required to be filed by him after promulgation of the Land Reforms Regulations, 1972---Father of plaintiffs was confronted, to which his stance was that he had gifted those properties to his sons and grandson---Such was in that context that the said order of Land Commissioner was passed---Land Commissioner had went on to hold that on verification of the revenue record, there was no record of such gift statement in the Book of Statement---Judgment and decree passed by Appellate Court was set aside and that of Trial Court was restored---Revision application was allowed, in circumstances. Abdullah v. Abdul Aziz 1987 SCMR 1403 and Ghulam Zainib v. Said Rasool 2004 CLC 33 ref. (b) Specific Relief Act (I of 1877)--- ----Ss.42 54---Sindh Land Revenue Act (XVII of 1967), S.42---Limitation Act (IX of 1908), Art. 120---Suit for declaration and permanent injunction---Gift mutation, non-attestation of---Limitation---Scope---Plaintiffs filed suit for declaration and injunction against their father and provincial government contending therein that they were owners of suit land by virtue of gift made in their favour by their…

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