Law:

Section:

(a) Land Reforms Ordinance (II of 1977)-------S. 6--- Land Reforms Act (II of 1977), S. 6--- Constitution of Pakistan, Arts. 70 & 89---Ordinance during the process of its introduction and passing in the Parliament---Validity---Applicability of S.6 of Land Reforms Ordinance, 1977---Scope---Gift deed, validity of---Land in question was gifted to claimants/appellants by their predecessor-in-interest/declarant, a day before enforcement of Land Reforms Act, 1977---Land Commissioner did not accept validity of said gift, however held that since land was part of joint Khata, therefore, after partition of Khata, choice be given to declarant as to which part he would like to retain and which part he would surrender--- Subsequently claimants filed writ petition before High Court in view of the in the case of Qazalbash Waqf v. Chief Land Commissioner, Punjab and others (PLD 1990 SC 99), whereby certain provisions of Land Reforms Act, 1977 were declared to be against Injunctions of Islam---Said petitions were dismissed by the High Court and review thereof met the same fate---Contentions of claimants were that gift deeds in their favour were dated a day before the coming into force of Land Reforms Act, 1977, therefore, S.6 of the Act was not attracted; that Land Commissioner had specifically held that holding of declarants was joint, therefore, land should be partitioned and declarants given an option to retain and surrender the land accordingly, only where after possession of surrendered land could be taken over, but same had not been done to date---Validity---Land Reforms Ordinance, 1977, in view of Art.89 of the Constitution, was valid legislation with a life of one hundred and twenty days---During said period of one hundred and twenty days unless an Ordinance was repealed, and while the process of its passing was in progress in terms of Art.70 of the Constitution, the Ordinance for all purposes and intent would be valid and operative law, entailing all legal incidents and consequences---Land Reforms Ordinance, 1977 was made into an Act of Parliament [Land Reforms Act, 1977] in view of such process/procedure, therefore, gift deeds in question were executed/registered…

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