Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-- ----Ss. 42 & 164---Mutation of gift in favour of one or more heirs of deceased during his lifetime relating to some of his property as also further transaction of gift comprised in a mutation by the donees in favour of their mother--­Under Muslim Law a gift may be made by donor of all his property even in favour of heirs---Gift made in the case was thus unexceptionable. Mulla's Mahomedan Law ref. (b) Mutation- ----Mutation of gift in favour of one or more heirs of deceased during his lifetime relating to some of his property as also further transaction of gift by donees in favour of their mother comprised in a mutation were genuine and unexceptionable. (c) Muhammadan Law--- ----Gift---Gift in favour of one or more heirs---Deceased land-owner making gift through mutation of some of his property in favour of one or more of his heirs was competent to make the same. (d) Muhammadan Law--- ----Tamleek---Settlement of land in question, in favour of some of deceased's heirs by such deceased though described as Tamleek, was in essence a gift fulfilling all its characteristics. ORDER One Hasan Muhammad predecessor-in-interest of the parties alienated his land comprising 99K-16M situated in Chak No.28/DNA, Tehsil Bahawalpur in favour of his sons (Respondents 1 and 2) by way of Tamleek Mutation No.106 dated 17-1-1985. Later on, the said respondents by way of Mutation No.i17 (Tamleek) dated 16-4-1986 gifted 36-K of land in favour of their mother. 2. The petitioner who is the daughter of Hasan Muhammad donor, challenged those transactions before the AC/Collector on the plea that her father had also owned 14-K of land in Chak No.9, Tehsil Chishtian, DistricC Bahawalnagar. On his demise, the land of this village was mutated in favour of all the legal heirs (including petitioner) vide Mutation No.1060 dated 18-11-1986 but in the other village (Chak No.28/DNB) that principle was not adopted and the share of the petitioner was usurped by way of Tamleek. The Collector vide his order dated 28-2-1989, set aside the mutations and directed the Revenue Officer to decide these mutations afresh amongst the legal heirs of the…

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