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Civil Petition No.106 of 1977, decided on 3rd June, 1984.

(From the judgment of the Lahore High Court, dated 26-11-1976 passed in Writ Petition No.908 of 1976).

---Art.185 (3)--West Pakistan Land Reforms Regulation, 1959 (M.L.R. 64), para. 25--Gift--Leave to appeal granted to examine inter alia, whether High Court was justified in holding that declaration of respondent of his intention to transfer excess area to his daughter by way of gift was sufficient for holding that a gift had been made.--[Gift].

Khalil Ramdey, Addl. A.-G, assisted by Sh. Ijaz Ali Advocate -on-Record for Petitioners.

Nemo for Respondents.

Date of hearing: 3rd June, 1984.

-Respondent No.l, who was a declarants under M.L.R. No.64 of 1959, had 1909 units in excess of the permissible 36,000 units. He was permitted by the Land Commission authorities in 1961 to make a gift of the excess area in favour of his daughter Mst. Fahimda Begum. No further action was taken to complete the transaction of gift and the land continued to be shown in the ownership and possession of the petitioner until 1969 when he sold away the same, whereupon the matter was reopened by the Land Commission authorities who held that the gift was not completed and that the land continued to remain in the ownership and possession of respondent No. l. This finding was, however, reversed by the impugned judgment of a learned Single Judge of the High Court in the said respondent's writ petition. Aggrieved, the Province of Punjab moved this petition for leave to appeal.

2. After hearing the learned Additional Advocate-General, we grant leave to examine, inter alla, whether the High Court was justified in holding that respondent No.l's declaration of his intention to transfer the excess area to his daughter by way of gift was sufficient for holding that a gift had been made.

M. Z. M Leave granted.

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