Law: Constitution of Pakistan, 1973

Section: 185(3),199

(a) Land Reforms Regulation, 1972 (MLR 115)-- ---Para. 7(1)(b)--Constitution of Pakistan (1973), Arts. 185(3) & 199--Leave to appeal was granted to consider as to whether High Court in its Constitutional jurisdiction could have disturbed finding of fact arrived at by Officer on Special Duty, Federal Land Commission, in exercise of his suo motu revisional power. (b) Land Reforms Regulation, 1972 (MLR 115)--Paras. 7(l)(b) & 29--Gift in favour of an heir--Inquiries into bona fides of such gift could ,not be made by Federal Land Commission--Respondent made. gift of land in dispute in favour of his sons/ respondents and filed relevant declaration before concerned authority respecting his land holding--Declaration was Scrutinised and Land Commission after going through record upheld gift as valid--Federal Land Commission. subsequently by notice through their Officer on Special Duty, to exercise of suo motu revisional power, under para. 29 of Lane: Reforms Regulation 1972, arrived at conclusion that gift was invalid as entries in record relating to gift had been anti-dated and alienation of land by way of gift in favour of respondents was void--High Court, in Constitutional petition; filed by respondents, carefully scrutinized evidence on record and came to the conclusion that gift could not have been declared as void by Federal Land Commission on ground which found favour with revising authority/Officer-on-Special Duty/Federal Land Commission, who was entitled to go into question as to whether there was a gift in favour of an heir and, it could not enquire into bona fides of gift--Order of Officer-on-Special Duty, federal Land Commission. was based wholly on misreading of evidence and unwarranted by material on record­ Order of High Court, setting aside decision of Officer-on-Special Duty, upheld­ Finding of fact reached by Officer-on-Special Duty/Federal Land Commissioner held, could be reversed by High Court to exercise of Constitutional jurisdiction- Appeal against order of High Court dismissed. Sher Muhmmad Shah v. Abdul Aziz etc. NLR 1981 SCJ 550 ref. Mst. Tayaba Khatun etc. v. Chairman, Federal Land Commission etc. 1984 SCMR I 110 and Federal Land…

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