| Citation(s) |
|---|
| 1983 SLG 135 1983 SLD 135 1983 SCMR 812 |
Supreme Court of Pakistan
Civil Petitions Nos. K 83 and K 84 of 1980, decision dated: 31st August, 1980.(On appeal from the judgment and order dated 23 12 1979 of the High Court of Sind in Constitutional Petitions Nos. 117 and 118 of 1975)
SHAFIUR RAHMAN AND FAKHRUDDIN G. EBRAHIM, JJ
Imam Ali G. Kazi, Advocate Supreme Court and Yousuf Rafi, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petitions Nos. K 83 and K 84 of 1980, decision dated: 31st August, 1980.(On appeal from the judgment and order dated 23 12 1979 of the High Court of Sind in Constitutional Petitions Nos. 117 and 118 of 1975)
SHAFIUR RAHMAN AND FAKHRUDDIN G. EBRAHIM, JJ
Imam Ali G. Kazi, Advocate Supreme Court and Yousuf Rafi, Advocate-on-Record for Petitioners. Nemo for
Respondents
FAQIR MUHAMMAD AND OTHERS
VS
DEPUTY COMMISSIONER AND OTHERS
Law:
Section:
Land Reforms Regulation, 1972 (M. L. R. 115]--- Para. 7 Exemption in respect of gift Declarants seeking validation of oral gifts made in favour of his sons and daughters Finding of fact by Land Commission that such gifts were not proved and that possession of land never passed to donees Held, High Court rightly refused to interfere with such finding. [Gift]. ORDER FAKHRUDDIN G. EBRAHIM, J. On the promulgation of Land Reforms Regulation, 1972, the petitioner Faqir Muhammad filed a declaration disclosing leis holding and sought validation of certain alienations made by him by way o€ gift in favour of his sons and daughters who are the petitioners in the connected leave petition No. K 84 of 1980. This declaration was scrutinized by the Land Commissioner and Commissioner, Hyderabad Division, under paragraph 7 of the Regulation and vide his order dated 16 8 1972, all the alienations made by the petitioner in favour of the donees were declared to be void. Faqir Muhammad filed an appeal against the said order which was dismissed by the Chief Land Commissioner on 25 6 1973. He then applied for review of this order which was also dismissed on 8 7 1974. A revision application filed under paragraph 29 of the Regulation met the same fate vide order dated 6 12 1974 made by the Member, Federal Land Commission. The aforesaid orders were challenged before the High Court of Sind in two separate petitions, one filed by the petitioner Faqir Muhammad and the other by the donees, his sons and daughters, who are as mentioned above, are petitioners in the connected leave petition. The High Court dismissed the two petitions on the ground that no, interference was called for on the finding of fact given by the Land Commission Officers that there was no proof of gifts allegedly made by Faqir Muhammad in favour of his sons and daughters. The. High Court also agreed with…
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