Law:

Section:

Land Reforms Regulation, 1972 (M.L.R.115)--Para. 7---Constitution of Pakistan (1973), Art. 185 (3)---Punjab Court of Wards Act (II of 1903), S. 16---Land under superintendence of Court of Wards---Decrees were consent decrees and had been passed by the Civil Court before 20-12-1971 which was the cut off date mentioned in para. 7 of the Regulation---Such decrees had attained finality as they were not challenged in competent forums---Disability under S. 16 of the Punjab Court of Wards Act, 1903 could not be equated with disability wherein transfer was void on the ground that a Muslim minor of relevant category could not make a gift as it was not permissible under Muhammadan Law---Federal Land Commission having no jurisdiction to set aside or ignore such decrees of the Civil Courts which could be set aside and challenged in higher Courts, High Court was justified in setting aside order of the Land Commission---Leave to appeal was refused against the order of High Court in circumstances. Sher Zaman v. Muhammad Ishaq and others PLD 1985 SC 144 and Ahmad Nawaz Shah v. Chief Land Commissioner, Punjab 1974 SCMR 448 distinguished. ORDER SAJJAD ALI SHAH, J.---Abdul Latif Khan owned land in Phulra Estate, which was placed under superintendence of Court of Wards and released vide notification issued in March, 1965. Land Reforms Regulation, 1972 (MLR 115) was applied to the land in question and declaration was sought and it was found that transfers were made in 1969, 1970, 1971 and 1972 which appeared to defeat object of Land Reforms Regulation, 1972. In such circumstances under `paragraph 7 of MLR 115 the case was submitted to the Land Commissioner for final adjudication. Vide order dated 10-8-1972, Land Commissioner held that decrees of Civil Court passed before 20-12-1971 could not be challenged under MLR 115. Appeal filed by Ghulam Sarwar, son of Khani Zaman was dismissed by the Chief Land Commissioner vide order passed on 5-9-1972. 2. Member, Federal Land Commission in exercise of suo motu power of revision under MLR 115 vide his order dated 2-7-1977 set aside two orders passed by Land Commissioner and Chief Land Commissioner mentioned in the above paragraph by holding…

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