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Constitutional Petition No. D/260 of 1977, decided on 6th October, 1963.

---Gift Gift in favour of minor Delivery of possession and non-accep tance of gift by minor donee, held, immaterial Land Reforms Regulation, 1972 [M. L. R. 115], para. 7 Constitution of Pakistan (1973), Art. 199.

Pir Shah Mardan Shah and 3 others v. Chief Land Commissioner, Sind and 2 others P L D 1974 Kar. 375 rel.

---Para. 7 Sale Consideration for transaction No attending fact reflecting adversely on bona fide of sale transaction Mere inadequacy of consideration in itself, held, not sufficient to declare sale transaction invalid.

Abdul Hamid Khan v. O. S. D., Federal Land Commission and 3 others 1979CLC211 rel.

Husain Adil Khatri for Petitioner.

Naqi Mirza for Respondents.

Date of hearing : 6th October, 1983.

The petitioners have impugned the order, dated 6-8-1976 passed by respondent No. 1, declaring two gift: made by petitioner No. 1 in favour of petitioners Nos. 2 and 3 son and daughter, respectively as invalid on the ground that the possession of the land was not handed over to petitioners Nos. 2 and 3, who were minors at the relevant time. Respondent No. 1 has also declared the sale transaction as invalid on the ground of inadequacy of consideration.

2. In support of the above petitions Mr. Husain Adil Khatri, learned counsel for the petitioner has urged as follows:

(i) that in order to complete a gift in favour of minor children by a Muslim, 'it is not necessary that the physical possession of the land should be handed over to the minor or somebody on their behalf or same should be accepted.

(ii) that the in adequacy of consideration cannot be a sole ground of declaring a sale transaction of which bona fide was not otherwise disputed.

3. In support of the first contention he has relied upon the case of Piri Shah Mardan Shah and 3 others v. Chief Land Commissioner, Sind and 2 others (P L D 1974 Kar. 375), in which a Division Bench of this Court has held that a gift in favour of a minor will be valid notwithstanding the possession was not given and that the gift was not accepted by the minor.

4. As regards the above second contention, Mr. Hussain Adil Khatri has referred the ease of Abdul Hamid Khan v. O. S. D. Federal Land Com mission and 3 others (1979 C L C 211), in which it was held by Zaffar Husain Mirza, J. (as he then was) that inadequacy of consideration itself is not sufficient to' declare the sale transaction as invalid

if otherwise there is no attending fact to reflect adversely on the bona fide of such transaction. This case has been, followed inter alit; in the case of Sa no and 5 others v. O. S. D. Federal Land Commission (1981 C L C 1308). It may also be mentioned that the above case is also of a D. B. but is wrongly printed in the C. L. C. as S. B. case. We, therefore, allow the above petition and declare the impugned order as without lawful authority and of no legal effect. The respondents are restrained from acting upon the same.

In the circumstances of the case, there will be no order as to costs.

M. B. A. Petition allowed.

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