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Revision No. 101 of 1958‑59, decided on 18th August 1959.

, para. 9(f) Gift of land made after 14th August 1947‑Donor alive -Concession permissible under paragraph 9(f) not available to donee.

Muhammad Sadiq for Petitioner.

This revision has been filed against an order dated the 29th of July 1959, passed y the Land Commissioner, D. I. Khan, whereby he upheld the order of the Deputy Land Commissioner who had refused to allow the petitioner to avail of the concessions permissible' under para. 9 (f) of the Martial Law Regulation No. 64.

The facts of the case are that, at the time of the scrutiny of Forms LC.‑I and LC.‑II, it transpired that the petitioner was a donee who had received a gift after the 14th of August 1947, and the donor was still alive. He was, therefore, refused the availability of concessions permissible under para. 9 (f) of the Martial Law Regulation No. 64.

At the same time, the Deputy Land Commissioner passed certain orders about compensation.

The petitioner went in appeal. So far as compensation was concerned, the Land Commissioner accepted the appeal but, so far as the concessions permissible under para. 9 (f ) were concerned, he rejected it. Hence this revision.

I have heard the learned counsel for the petitioner. His main contention is that this is a special case as the property was gifted to the petitioner as a result of family settlement in accordance with the established custom of the family. The fact, however, remains that it was gift made after the 14th of August 1947. The petitioner is a donee and the donor is still alive. He cannot, therefore, avail of the concessions permissible under para. 9 (f) of the Martial Law Regulation No. 64. No interference is called for. The revision fails and is rejected hereby.

S. Q. Revision rejected.

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