Case Details

Citation(s)
1985 SLG 400 1985 SLD 400 1985 SCMR 146
Supreme Court of Pakistan
Civil Petition No.106 of 1977, decision dated: 3rd June, 1984. (From the judgment of the Lahore High Court, dated 26-11-1976 passed in Writ Petition No.908 of 1976)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND M. S. H. QURAISHI, JJ

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PROVINCE OF THE PUNJAB and others

VS

Syed ABBAS HUSSAIN SHAH and others

Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)---Art.185 (3)--West Pakistan Land Reforms Regulation, 1959 (M.L.R. 64), para. 25--Gift--Leave to appeal granted to examine inter alia, whether High Court was justified in holding that declaration of respondent of his intention to transfer excess area to his daughter by way of gift was sufficient for holding that a gift had been made.--[Gift]. ORDER M. S. H. QURAISHI, J.--Respondent No.l, who was a declarants under M.L.R. No.64 of 1959, had 1909 units in excess of the permissible 36,000 units. He was permitted by the Land Commission authorities in 1961 to make a gift of the excess area in favour of his daughter Mst. Fahimda Begum. No further action was taken to complete the transaction of gift and the land continued to be shown in the ownership and possession of the petitioner until 1969 when he sold away the same, whereupon the matter…
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