Law:

Section:

(a) Land Reforms Regulation, 1972 [M, L. 8.115]-- Para. 7 Exemption Declarant claiming exemption in respect of land shown in favour of his wife in lieu of dower Wife of declarant not shown to be paying land revenue and other charges in respect of said land nor shown to be receiving rent or batai share from same Rejection of claim for exemption upheld. Mst. Zarin Qaisha v. Arbab Wali Muhammad Khan and 5 others P I, D 1976 Pesh. 128 ref. (b) Constitution of Pakistan (1973) ---Arts. 185 (3) & 199 Petition for special leave to appeal Point neither raised in writ petition nor argued before High Court Held, cannot be allowed to be raised for first time before Supreme Court. ORDER NASIM HASAN SHAH, J. The petitioner was a declarants of his holding, within the meaning of this term, under the provisions of Martial Law Regulation No. 115 (Land Reforms Regulation, 1972). Herein he claimed a number of exemptions, namely (i) in respect of a Tractor, (if) sale of agricultural land measuring 47 acres one Maria in favour of his father for consideration of Rs. 90,000.00 vide mutation No. 430 and (iii) in respect of' 55 acres of agricultural land in lieu of dower in favour of his wife, namely Mst. Bakht ul Zuha, Petitioner No. 2, herein. The claims in respect of the first two items have been allowed to the petitioners 1 and 2 herein but his claim with respect to the third item has been refused by the High Court of Peshawar. Hence this petition for leave to appeal. The clearest order explaining why the claim with respect to the third item has not been accepted is to be found in the order of the Land Commissioner, Peshawar Division, Peshawar dated 20 7 1972, the relevant portion whereof may be reproduced below : "The learned counsel for the declarants mentioned that he had alienated 55 acres of land in favour of his wife as dower. This has not been taken into account by the Deputy Land Commissioner. There is mention of this gift in `Nikah Nama' of the declarant but this land has not been formally alienated in favour of the wife of the declarant. Neither any mutation has been entered and attested nor is there any entry in the revenue record to show that she is de facto owner of…

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