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HASSAN MAHMOOD versus FEDERAL LAND COMMISSION


Article 199, read with Land Reform Regulation, 1972, paragraph 7 (1) (b), second gift to donor and daddy husband and wife and living with donor in conflict with Revenue Authority long before fixed deadline Inserting a transient gift is the same as announcing the gift and completes the delivery of the occupation by the applicant on behalf of the gift of the affected land on all intentions and purposes, in the event of such, in fact, Gift [gift]

1981 C L C 952

[Karachi]

Before Gul Muhammad Khan and Abaid Ullah Khan, JJ

HASSAN MAHMOOD AND OTHERS‑Petitioners

versus

FEDERAL LAND COMMISSION‑Respondent

Writ Petition No. 739 of 1977, decided on 18th August, 1980.

Constitution of Pakistan (1973)‑-----

‑‑ Art. 199 read with Land Reforms Regulation, 1972, para. 7 (1) (b), proviso second‑Gift‑Donor and donee husband and wife and living together‑Entering of mutation touching gift in dispute by donor with Revenue Authorities long before dead line fixed-Held, amounts to declaration of gift and completes process of delivery of possession‑ Transaction of gift of land effected by petitioner in favour of his wife to all intents and purposes, under such circumstances, held, genuine.‑[Gift].

Shamshad Ali Shah v. Hassan Shah P L D 1960 Lah. 300 ; Ibrahim v. Wazir Begum P L D 1967 Lab. 1087 ; Farid v. Nur Bibi P L D 1970 Lah. 502 and Eidun Nisa Begum v. Member (Revenue), Board of Revenue P L D 1973 Pesh. 1 ref.

Iftikhar Ali Sheikh for Petitioners.

Muhammad Sair Ali for Respondents.

Dates of hearing : 23rd June and 1st July, 1980.

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