1984 CLC 1893 (1) (PLP)
Haji FAIZ MUHAMMAD AND 2 OTHERS‑Petitioners Versus THE OFFICER‑ON‑SPECIAL DUTY FEDERAL LAND
| Citation | 1984 CLC 1893 (1) (PLP) |
| Forum / Court | Karachi |
| Bench Members | Ajmal Mian and Syed Haider, Ali Pirzada, JJ |
| Parties | Haji FAIZ MUHAMMAD AND 2 OTHERS‑Petitioners Versus THE OFFICER‑ON‑SPECIAL DUTY FEDERAL LAND |
| Primary Law | JUDGMENT, Land Reforms Regulation 1972 (M. L. R. 115)‑ |
Q1: What are the key laws and sections cited in 1984 CLC 1893 (1) (PLP)?
This judgment primarily cites: JUDGMENT, Land Reforms Regulation 1972 (M. L. R. 115)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 CLC 1893 (1) (PLP)?
The case was heard and decided by the Karachi bench comprising: Ajmal Mian and Syed Haider, Ali Pirzada, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 CLC 1893 (1) (PLP) (Haji FAIZ MUHAMMAD AND 2 OTHERS‑Petitioners Versus THE OFFICER‑ON‑SPECIAL DUTY FEDERAL LAND). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Imam Ali Kazi for Petitioners.
- Date of hearing : 22nd September, 1983.
Headnotes / Summary
‑‑‑ 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]. AJMAL MIAN, J.‑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.
Judgment & Decree
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. AJMAL MIAN, J.‑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.