Law:

Section:

(a) Decree  Held, in circumstance of case, created title regardless of fact that no application for execution of same filed. Fazal Ahmad v. Mst. Rakhi P L D 1958 Lah. 218; Muhammad Baksh Khan and others v. Hosseni Bibi and others L R 15 Cal. 684 ; Muhammad Fazal v. Member, Board of Revenue and others Writ Petition No. 792 of 1970 and Ali Ahmad and another v. Muhammad Fazal and another P L D 1973 Lah. 207 ref. (b) Land Reforms Regulation, 1972 [M. L. R. 115] And Constitution of Pakistan (1972), Art. 201-Land Commission not adverting to attending circumstances of case and failing to consider relevant law-Order passed by Land Commission declared to be with out lawful authority and of no effect-Case remitted to Land Commission for decision afresh in accordance with law. Date of hearing : 25th February 1974.                                                                                                         JUDGMENT KARAM ELAHEE CHAUHAN, J.-The dispute in this case is about half ,r)f the area involved in Khewat No. 232 situated in village Naushehra, Tehsil Pindigheb, district Campbellpur. The total area of this Khewat is -4779 kanals and 11 marlas which was gifted away by Allah Yar Khan to the present petitioner on 26-1-1967. There is some dispute about the :date of this gift but for the present we do not attend to that controversy .and to continue with the narration of facts it may be mentioned that the donor on 27-2-1970 filed a Civil Suit stating that actually he had or :had intended to gift only one-half of the area of the aforesaid Khewat and entry in the revenue records indicating that the whole of the area had been Sifted was not correct. On these premises he prayed for possession of one -half of the land. The father of the petitioner died during the pendency of the suit and his legal representatives viz. three daughters Mst. Sadiq Sultan, Mst. Sarwar Sultan and Mst. Safeedan Bano, according to…