| Citation(s) |
|---|
| 1988 SLG 2261 1988 SLD 2261 1988 SCMR 611 |
Supreme Court of Pakistan
Civil Appeal No. 19-P of 1976 arising out of Civil Petition No. 89-P of 1975, decided on 20th February, 1988. (On appeal from the Judgment and Order of the Peshawar High Court, Peshawar, Dated 19-3-1975 passed in Writ Petition No. 198 of 1974). Date of
SHAFIUR RAHMAN, ALI HUSSAIN QAZILBAAH AND USMAN ALI SHAH, JJ
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Civil Appeal No. 19-P of 1976 arising out of Civil Petition No. 89-P of 1975, decided on 20th February, 1988. (On appeal from the Judgment and Order of the Peshawar High Court, Peshawar, Dated 19-3-1975 passed in Writ Petition No. 198 of 1974). Date of
SHAFIUR RAHMAN, ALI HUSSAIN QAZILBAAH AND USMAN ALI SHAH, JJ
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MUHAMMAD YOUSAF KHAN---Appellant
VS
THE CHAIRMAN, FEDERAL LAND COMMISSIONER and others--Respondents
Law: Land Reforms Regulation, 1972
Section: 7
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Land Reforms Regulation, 1972 (MLR 115)-- ---Para. 7--Constitution of Pakistan (1973), Art. 185 (3)--Leave to appeal granted to examine whether the Land Commission Authorities were not in error in not recognising the alienations made by declarant appellant on 9-5-1957 in favour of his wife in respect of 400 Kanals of land and on 23-11-1967 in favour of his daughter-in-law, in respect of 153 Kanals land. (b) Land Reforms Regulation,1972 (MLR 115)-- ---Para.7--Alienation of land by declarant through unregistered deed--Alienations in favour of wife in lieu of dower--No protection sought in respect thereof in Declaration Form--Transactions not given effect to in revenue records--Land Commission Authorities refused to extend benefit of these transactions--High Court declined to interfere-- Declarant though had not mentioned these two transactions in declaration of land holding and surrender of land, he had consistently claimed benefit of alienation in favour of his wife--Alienee wife was not heard; fact of marriage with her, amount of dower and alienation made customarily were not doubted--Without doubting other factors, simply because revenue record did not reflect or incorporate these transactions their legal effect and validity, held, could not be denied--In view of factual determination to be made, hearing to be afforded to alienees and the effect of the of civil Court to be determined on the claim made by appellant, it was considered appropriate to have a determinative finding on these matters by remanding proceedings to Federal Land Commission--Appeal allowed and proceedings remanded to Federal Law Commission for passing an order in accordance with law. Federal Land Commission and others v. Mat. Zarin Qaisha and others 1984 SCMR 666 and Mat. Tajbaro v. Chief Land Commissioner etc. P L D 1983 S C 184 ref. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to the declarant who is now the appellant, under Land Reforms Regulation, 1972 (No.115) to examine whether the Land Commission Authorities were not in error in not recognising the alienations made by the declarant on 9-5-1957 in favour of his wife Mst. Hamdam…
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