Law:

Section:

(a) West Pakistan Land Reforms Regulation [M. L. R. No. 64 of 1959], paras. 9 & II-Mere proposal or permission to gift- --Does not tantamount to declaration of gift. (b) Muhammadan Law---Gift---Three essentials of gift : (i) declaration of gift by donor ; (ii) acceptance of gift, express or implied, by donee and (iii) delivery of possession must be satisfied for making of a valid gift-Actual delivery of possession necessary even if donor and donee living together as husband and wife. Jabbar Pramanik v. Nurjahan Bewa and another P L 13 1960 Dacca 489 and Shamshad Ali Shah and others v. Syed Hassan Shah and others P L D 1960 Lah. 300 rel. D. F. Mulla s Principles of Muhammadan Law, 15th Edn., p. 130 ; Mumtaz-un-Nissa and another v. Tufail Ahmad and another I L R 23 All. 264 ; Ma Mi and another v. Kallander Ammal A I R 1927 P C 22 and K. S. Agha Mir Ahmad Shah .ttnd others v. K. S. Agha Mir Yaqub Shah and others P L D 1957 Kar. 258 ref. Date of hearing t 12th July 1972                                                                                                                            JUDGMENT SHAH ZAMAN BABAR, J.---This is a writ petition by Mst. Eidun Nisa Begum, widow of late Sultan Raja Rukan Zaman Khan of Khanpur, Tehsil Haripur District Hazara. It is prayed that the order dated 4-8-1966, of Member (Revenue), 3oard of Revenue, West Pakistan, be declared illegal and quashed. The petition arises out of the following facts ; Sultan Raja Rukan Zaman Khan of Khanpur was an existing owner holding huge ancestral land in various villages, He, in his lifetime, submitted his Declarations Forms LC-I and LC-II under paragraph 15 of the West Pakistan Land Reforms Regula tion No. 64 (hereinafter called the Regulation). In view of para. 9(f)and para 11 Raja Sahib proposed to transfer by gift his land in Form LC-11, dated 13-4-59 (Annexure A) in favour, of the…