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ARIF HUSSAIN versus ABDUL QAYYUM KHAN


Section 5 (2) of the NWFP Pre-Emission Act of 1987, the nature of the transaction was claimed by the plaintiff as a matter of sale, while the exchange process stated that the declaration of acceptance, acceptance and transfer of possession as a transaction gift was his own. Did not prove to be a donor. The collector did not know that the donor lady, her husband, who was her lawyer, was raising six children and did not understand the gift of heavy property in favor of the non-missing children. All such facts come to the fore to create further complications and defeat any such attempt, by mortgaging his mother and sister property and the rest to the Agricultural Development Bank. That in this case there is bargaining, nothing more than a sale, but the gift color was given so such a transaction was already empty.

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