Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 8 & 42---Transfer of Property Act (IV of 1882), Ss. 122 & 123--­Land Reforms Regulation, 1972 (M.L.R.115), para.25---Suit for possession and declaration---Gift, validity of---Case of the plaintiffs was that original owner of the suit property, comprising of agricultural land and a house had gifted away the same in their favour who were daughter and grandson of the donor and claimed that possession was delivered to them---Defendants admitted that suit property was in the name of the donor, but denied the factum of the gift and contended that the gift was violative of M.L.R.115 and claimed that house was in their adverse possession for more than 12 years---Defendants also contended that gift was bad qua the suit-land being undivided share---Validity---Gift was evidenced by a registered document---Defendants had failed to establish their claim of adverse possession over the suit house---Land in question though was undivided share, but at the relevant time there was embargo upon partition of suit-land as contained in M. L.R.115 and the gift would not be irregular on that ground as plaintiffs/donees being co-sharers could always get their possession by filing a suit for partition---Donor not only had delivered the possession of the subject-matter of the gift to the plaintiff/donees, but she was residing with them in the house---Possession of plaintiffs/donees over the suit-land having been proved, Court below had rightly decreed the suit---No case had been made out for interference with and decree passed by Appellate Court in revisional jurisdiction of High Court. (b) Land Reforms Regulation, 1972 (M.L.R. 115)--- ---Para. 25---Neither Civil Court nor the Revenue Officer would be having jurisdiction to declare a transaction to be violative of provisions of M. L.R,115. Hakim Khan v. Aurangzeb and another PLD 1975 Lah. 1170 ref. JUDGMENT On 6-12-1978 respondents Nos.1 and 2 filed a suit against the petitioners and respondent No.3. In the plaint it was stated that Mst. Ghulam Bi was the owner of the suit property comprising agricultural land and a house and that she gifted away the same in favour of her daughter i.e.…

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