Case Details

Citation(s)
1966 SLG 4907 = 1966 SLD 4907 = 1966 PLD 36
West Pakistan
Appeal No. 477 of 1958-59, decided on 24th October 1959.
Presented By: I. U. Khan
Khawaja Abdur Rahim for Appellant.  

Malik NAZAR HAYAT KHAN-Appellant  

VERSUS

  THE STATE-Respondent  

Law: West Pakistan Land Reforms Regulation, 1959

Section: 7,15

West Pakistan Land Reforms Regulation, 1959, paras. 7 & 15 Gifts of land -made to major sons, minor daughter, wives, minor grand-children, mother, and daughters-in-law- Mutations entered on 24th July 1957-Delivery of possession not established- Gifts in favour of minor daughter and wives-Delivery of possession not necessary-Gifts validated-Gifts in favour of major sons, daughters-in-law, mother and minor grand-children not validated for want of actual delivery of possession.   ORDER   This order will dispose of the following ten appeals:-----   Malik Nazar Hayat Khan v. State (Appeal No. 477). Malik Fateh Hayat Khan v. State (Appeal No. 476). Mst. Sultan Bibi v. State (Appeal No. 474). Ms(. Fateh Bibkv. State (Appeal No. 473). Malik Muhammad Umar Hayat Khan v. State (Appeal No. 472). Mst. Sultan Khatoon v. State (Appeal No. 485). Mst. Mumtaz Begum v. State (Appeal No. 486). Mst. Sahibzadi v. State (Appeal No. 478). Mst. Sarwar Sultana v. State (Appeal No. 487). Malkani Fateh Khatoon v, State (Appeal No. 488).   These ten appeals have been filed against orders, dated the 28th of August 1959, passed by Land Commissioner, Rawalpindi whereby he refused to validate the gifts made by Malik Khizar Hayat Khan in favour of the ten donees mentioned above.   The facts of the case are that the donor, Malik Khizar Hayat Khan, is stated to have made gifts of the land in question in favour of the ten donees mentioned above. The following mutations were entered on the 24th of July 1957:-----   No. of Mutation and villages Date of Entry Donees Area Relationship Mutation No. 10 of village Kalra. 24-7-57 Malik Nazar Hayat Khan   Malik Fateh HayatKhan Mst. Sultan Bibi Mst. Fateh Bibi 500       500     500   500 Son.     Do.   Wife. Do. Grandson (minor)     (v) Malik Muhammad Umar Hayat Khan     500   Mutation No. 11 of Village Kalia 24-7-57 Mst. Sultan Khatoon Mst. Mumtaz Begum Mst. Sahibzadi   500 Grand daughter Daughter-in-law Minor daughter. Mutation No. 12 of village Kalia 24-7-57 Mst.         Fateh Khatoon   Daughter-in-law…
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