Case Details

Citation(s)
1975 SLG 3189 = 1975 SLD 3189 = 1975 PLD 302
Lahore High Court
Writ Petition No. 315 of 1974, decided on 25th April 1974.
Presented By: Karam Elahi Chauhan and K. M. A. Samdani, JJ
Gul Muhammad Khan for Petitioner. .A. S. Najam, A. A.-G.-II assisted by Salahud Din for
Respondents.

NOOR MUHAMMAD KHAN-Petitioner

VERSUS

THE CHIEF LAND COMMISSIONER, PUNJAB, LAHORE AND 2 OTHERS-Respondents

Law: Land Reforms Regulation, 1972

Section: 7

[Land Reforms Regulation (M. L. R. 115 of 1972) -S. 7-Alienation of land-Transfer, not a new transfer by itself, but an implementation of an agreement of exchange entered into several years previously - Land already transferred by virtue of previous agreement-Land Commission neither considering overall nature of -two transfers nor giving any finding on matter - Two transfers if interlinked case may require different treatment-Case remanded for Fresh decision after attending to entire context. Date of hearing: 25th April 1974.                                                                                                                                       JUDGMENT KARAM ELAHEE CHAUHAN, J.-This judgment will dispose of two writ -petitions being Writ Petition No. 315 of 1974 (Noor Muhammad Khan v. -Chief Land Commissioner, Punjab, Lahore etc.) and Writ Petition No. 541 of 1974 (Mst. Ghulam Zohra Begum v. Chief Land Commissioner, Punjab, Lahore etc.). 2. On Ist of October, 1964 Noor Muhammad Khan (hereinafter .called as husband) made a report bearing No. 32 in the daily diary of Patwari of village Amirpur Sarbana, Tehsil and District Muzaffargarh indicating ,that his wife Mst. Ghulam Zohra had given her entire area in that village to the husband to the extent of 1/4th and to their son Muhammad Iqbal to the extent of 3/4th. It was further indicated that this was really a transaction of exchange and that the husband will similarly give four squares of land which he owned in village Binda Sarbana, Tehsil Shorkot, District Jhang, to the wife. On the basis of the aforesaid report, Mutation No. 2 was entered on 1-10-1964 and after recording the statement of the wife on interrogatories the mutation was sanctioned on 11-11-1965. 3. The husband however, after a long time on 1-1-1972 made a report that he had made an (Oral Tamleek) of an area…
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