Case Details

Citation(s)
1966 SLG 4843 = 1966 SLD 4843 = 1966 PLD 2
West Pakistan
Appeal No. 64 of 1958-59, decided on 28th July 1959.
Presented By: I. U. Khan
Pirzada Abdus Sattar for Appellant.  

  MIR GHULAM ALI KHAN TALPUR-Appellant  

VERSUS

  THE STATE-Respondent  

Law: West Pakistan Land Reforms Regulation, 1959

Section: 7(2),25

  West Pakistan Land Reforms Regulation, 1959, para. 7(2) read with para. 25-Gifts of land to minor daughters-Validation- Justification sought on considerations of family custom, donor's heart attack and saving property from death duty not establishedConcurrent findings of local officers and Land Commissioner leading to refusal of validation-Not interfered.   ORDER   This appeal has been filed against an order dated the 12th June, 1959, passed by the Land Commissioner, Hyderabad whereby he refused to validate gifts aggregating 4,964.3 acres of land made in favour of six donees.   The facts of the case are that the appellant moved for the validation of the gifts mentioned above.- The local officers did not recommend validation and the Land Commissioner, agreeing with them, refused to validate these gifts. Hence this appeal.   Actually six appeals should have been filed but I have consi dered the case on merits on the distinct understanding that five more appeals will be filed duly stamped.   I have heard the learned counsel for the appellant. Besides the point raised by the local officers and the learned Land Commis sioner, the main question for determination is whether any explanation is forthcoming for the appellant gifting 4,964.3 acres to six donees on one and the same date. There could be no question of evasion of agricultural income-tax because no such tax was imposed in the former Province of Sind. The learned counsel for the appellant has tried to justify these gifts on the following considerations :--   there was a custom in the family to gift land…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register