Law: West Pakistan Land Reforms Regulation, 1959

Section: 9(e),9(f)

West Pakistan Land Reforms Regulation, 1959, para. 9(e), (f)-Person getting land as gift from father prior to imposition of Martial Law and subsequently exchanging same with his sister's land-"Existing owner" by virtue of gift and not by exchange-Not entitled to benefits of clauses (e) and (f) of paragraph 9.   ORDER   This is a revision filed against an order, dated the 10th of June 1959, passed by the Land Commissioner, Khairpur, whereby he refused to consider the petitioner as existing owner for the purposes of paragraph 9 (e) and 9 (f ) of the Martial Law Regulation No. 64 and refused his request for he calculation of the area retained by him on the basis of Banjar Qadim and Banjar Jadid.   The facts of the case are that the petitioner got a gift from his father prior to the imposition of the Martial Law. The area which he so received, was subsequently exchanged with the area in the possession of his sister. While a decision was made in respect of his Form LC-II, the Deputy Land Commissioner refused to give the petitioner the benefit under paragraph 9 (f). He also rejected the request of the petitioner for getting his produce indices calculated on the basis of Banjar Qadim and Banjar Jadid. The petitioner went in appeal to the Land Commissioner but the appeal was also rejected. Hence this revision.   I have heard the learned counsel for the petitioner. He has laid stress on the property aspect and has argued that this property was received in exchange and not…