Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3 Leave to appeal Granted to examine whether a valid gift could be made of agricultural land, under a subsisting sufructuary mortgage, without notice to mortgagee. (b) Muhammadan Law Gift Land subject to usufructuary mortgage Equity of redemption of such mortgage Held, can validly be made subject matter of gift Notice by donor of equity of redemption Jo mortgagee Neither a legal requirement nor sine qua non of every such gift Gift of equity of redemption by father to his sons completed by registered deed Physical possession of property not transferable to donees in circum-stances of case Donor doing all that he could possibly do to fulfil requirements of law Held, gift having been so perfected it could not be revoked in circumstances of case Transfer of Property Act (IV of 1882), S. 58 A. Mohiuddin v. (Mancher Shah) (1882) I L R 6 Bom. 650 ; Rahim Bakhsh v. Muhammad Hasan (1888) I L R 11 I All. 1 ; Anwari Begum v. Nizamuddin Shah (1898) IL R 21 All. 165 and (1896) 1 L R 21 Cal. 170 ; Ch. Mehdi Hasan v. Mohammad Hasan (1095 1906) 319 A 68 ; Chandsaheb Kashimsaheb v. Gangabai (1921) I L R 45 Bom. 410 ; Hashimbai v. Ajmatbi A I R 1924Bom. 410 and Magbool Alam v. Khodaija A I R 1966 S C 1194 ref. JUDGMENT SHAFIUR RAHMAN, J. Leave to appeal was granted to examine whether a valid gift could be made of agricultural land which was under a subsisting usufractuary mortgage, in any case, without notice to the mortgagee. Haji Ghulam Muhammad, the predecessor in interest of the parties, was the owner of agricultural land in village Sahiwal, Tehsil and District Shahpur. By a deed executed and got registered on the 1st of March, 1956 he gifted 46 5/8 kanals land to his two sons Mian Jindan and Ramzan on the 16th of April, 1956. By a subsequent registered deed dated he purported to revoke the gift on the grounds that he had not delivered its, possession to them and that after that gift was made the two sons got alienated and they were not looking after him well. A mutation of gift in accordance with the earlier deed of gift was got attested in their favour on 24th April, 1956 ignoring altogether the subsequent registered deed…

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