Law:

Section:

Constitution of Pakistan (1973)--Arts. 185(3) & 199---Questions whether gift made by husband in favour of his wife was for maintenance only or whether it was an absolute one, were for a Civil Court to decide---Filing Constitution petitions to get decision of Revenue Authorities in matter of mutation, was uncalled for when there was adequate remedy available with petitioner---Leave to appeal was refused. ORDER SAAD SAOOD JAN, J: --These are two petitions for special leave to appeal from the judgments of the Lahore High Court whereby the constitution petitions and the review petitions of the petitioners were dismissed. 2. The dispute in this petition relates to 101 Kanals and 6 Marlas of land situate in village Mitha Astar of tehsil Mailsi. This land belonged to Mehr Khan, respondent No.3 who is now dead and is represented by his legal heirs. He gifted it to his wife Mst. Taj Bibi. The gift was evidenced by a mutation attested on 7-6-1947. The donee died in 1947. On her death a mutation of inheritance was attested on 25-2-74. By this mutation half of the land in dispute was given to Mehr Khan and the other half was given to her brother Nawaz Khan. In 1978, Nawaz Khan also died. Consequently, another mutation was attested whereby the share earlier given to Nawaz Khan was allocated to his heirs who are the petitioners before us. 3. Mehr Khan challenged, the correctness of the two mutations attested on the death of Mst. Taj Bibi and Nawaz Khan. His case was that the gift which he had made in…

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