Case Details

Citation(s)
1963 SLG 3190 = 1963 SLD 3190 = 1963 PLD 34
West Pakistan
Revision No. 493 of 1961-62, decided on 15th September 1962, District Lyallpur.  
Presented By:Nasir Ahmad Member Board of Revenue West Pakistan  
Ch. Muhammad Siddique for Petitioner.   Abdul Majid Asghar for
Respondents.

KHAIR DIN AND OTHERS-Petitioners  

VERSUS

  GHULAM ALI-Respondent

Law:

Section:

Mutation------   ---Oral gift-Mutation sanctioned in favour of donees on statement of donor before Revenue Assistant-Donor subsequently alleging that no gift had actually been made and mutation was result of fraud-Mutation not to be reversed. ORDER   This order will dispose of the two connected Revision Petitions Nos. 493 and 494 of 1961-62. The facts briefly, are as follows :-   The respondent Ghulam Ali is the father of the petitioners and held land in two villages Chak Nos. 466-GB, and 478-GB, District Lyallpur. He appeared before the village Patwari and made a statement that he had gifted his entire property situated in the former village in favour of his son Muhammad Rafi and three grandsons Muhammad Anwar, Muhammad Afzal and Muhammad Azam, sons of Khair Din. In the other case also he made a similar statement gifting the rest of his property to his remaining three sons Muhammad Rashid, Umar Din and Abdus Sattar. When he appeared before the Revenue Officer he stuck to his statements and agreed to transfer his entire holding so that the gifts were not hit by the provisions of Martial Law Regulation No. 64. Thus two mutations were sanctioned in accordance with the wishes of the donor. Subsequently an appeal was preferred by him and he alleged that a fraud has been practised on him and for that reason the mutations should be set aside. The Collector took the trouble of examining as witnesses some respectable gentle men of the locality and held that the father had in fact gifted the property in dispute to his sons and grandsons and had also trans ferred possession thereof. The appeal was accordingly dismissed A revision was preferred to the learned Commissioner, Sargodha who came to a different conclusion, in spite of there being a con current finding of fact on the point of gifts and transfer of possession. The reasons which prompted him to intervene were firstly, that by these gifts the donor had deprived his daughter as well as his wife of their shares in the property. Secondly, all the donees did not appear in person on the date the mutations were finally sanctioned. Thirdly, that the mutations were sanc tioned not in the estate to which they…
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