Law:

Section:

(a) Land Reforms Act (II of 1977)-------Ss. 6 & 7---Land Reforms Regulation, 1972 (MLR 115), para.7---Supreme Court Rules, 1980, O.XXVI, R.1---Constitution of Pakistan (1973), Art. 188---Declaration of land holding---Review of ---Non-mentioning of fact at the time of making declaration---Declarant was the husband of petitioner and grievance of petitioner was that excess land resumed by the authorities was already gifted in lieu of dower, to her by declarant by incorporating the same in Nikahnama---Petitioner made such claim seven years after the land was resumed---Authorities accepted her claim but such order was set aside by High Court in exercise of Constitutional jurisdiction---Supreme Court declined to grant leave to appeal against the order passed by High Court---Contention of petitioner was that Supreme Court had fallen into error by applying the provisions of para.7 of Land Reforms Regulation, 1972 (MLR 115) and the transaction of gift of land in favour of petitioner was governed by S.6 of Land Reforms Act, 1977---Validity---Declarant had shown disputed land as part of his holding without making any mention of the gift thereof at the relevant time---Declarant had also exercised his choice for the surrender of land being excess area---Neither petitioner nor declarant had ever approached Revenue Authorities for attestation of the mutation of gift of land---Entries of gift of land in question, in lieu of dower, in Nikahnama did not see light of the day for about seven years and were not reflected in revenue record of rights---At no stage of proceedings, did the petitioner claim that she had paid any land revenue or had received any share produce from tenants in respect of disputed land---Supreme Court had already taken the view in the under review that petitioner had failed to substantiate genuineness of the transaction of gift---Authorities had also recorded a finding of fact that declarant had not made any transaction of alienation or transfer between 20-12-1971 to 4-1-1977---Supreme Court did not find any merit in the contention of the petitioner, as such no case for review was made out---Petition was dismissed. Qazalbash's case PLD 1990 SC 99; Dhani…

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