Law:

Section:

(a) Transfer of Property Act (IV of 1882)---.--- ---.----S. 44--Transfer of property by a co-sharer---.---Only a co-sharer retaining the possession of specific survey number could transfer the same--If the co-sharer was not retaining the possession of specific survey number, then he could not transfer the whole of said survey number ---.---Co-sharer could only transfer his share from that specific survey number. (b) West Pakistan Land Revenue Rules, 1968---.--- ---.----S. 40---.---Alteration in Register Girdawri---.---Scope---.---No alteration could be made in register of Girdawri after Dhal Bach of the respective harvest had been drawn up, except with the sanction of Collector---.---When once Khasragirdawri was completed, then no change in the entry could be drawn without permission of the Collector. (c) West Pakistan Land Revenue Act (XVII of 1967)---.--- ---.----S. 147---.---Affirmation of partition privately effected ---.---Requirement--¬Even private partition had to be affirmed by Revenue Officer and in case any partition had been made without intervention of Revenue Officer, the party had to apply and Revenue Officer, after receiving application, had to enquire into the case and if it was found that the partition had, in fact, taken place, then he could affirm it otherwise not. (d) Specific Relief Act (I of 1877)---.--- ---.----S. 42---.---Transfer of Property Act (IV of 1882), Ss. 44 & 122---.---Suit for declaration---.---Transfer of specific survey number through gift by one of the co-sharers from joint Khata---.---Specific survey numbers had been gifted by defendant while he was not retaining exclusive possession,of said survey numbers and same remained under joint possession of plaintiff and others including the defendant---.---Defendant was not entitled to transfer said specific survey numbers through gift-deed; he was only entitled to transfer his share from those survey numbers---.---Even mutation sanctioned on basis of the gift-deed also contained joint possession, which would mean that donor was not in exclusive possession of land--¬Judgment and decrees passed by Courts below were set aside and suit filed by plaintiff was decreed to…