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Constitutional Petition No. D‑104 of 1977, decided on 22nd September, 1983.
‑‑‑ Para 7‑Muhammadan Law‑Gift‑Gift by father in favour of his minor child or by a guardian in favour of his ward required no change of physical possession‑Such gift, held, cannot be declared as invalid. ‑[Muhammadan Law].
Imam Ali Kazi for Petitioners.
Date of hearing : 22nd September, 1983.
.‑This petition has been directed against the order, dated 31‑12‑1976, passed by respondent No. I declaring that the gifts made by petitioner No. 1 in favour of petitioners Nos. 2 and 3 as invalid on the ground that the possession of the agricultural land in question was not given nor it was recorded in the revenue record. This point has been settled inter alia by a judgment of a Division Bench of this Court, namely, Mir Haji Ahmed Ali Talpur and others v. Government of Sind (P L D 1976 Kar. 316) in which inter alia it was held that in case of a gift by a father, in favour of his minor child or by a guardian to his ward no change of physical possession was necessary. The above case is applicable on ail fours to the instant case. We allow the above petition and declare the impugned order as being without lawful authority and if no legal effect. The respondents are restrained form enforcing the above order.
There will be no order as to costs.
M. B. A. Petition allowed.
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