1985 PLP 146 (SCMR)
PROVINCE OF THE PUNJAB and others — Petitioners Versus Syed ABBAS HUSSAIN SHAH and others — Respondents
| Citation | 1985 PLP 146 (SCMR) |
| Forum / Court | ---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. |
| Bench Members | Aslam Riaz Hussain, Nasim Hasan Shah and M. S. H. Quraishi, JJ |
| Parties | PROVINCE OF THE PUNJAB and others — Petitioners Versus Syed ABBAS HUSSAIN SHAH and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 146 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 146 (SCMR)?
The case was heard and decided by the ---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. bench comprising: Aslam Riaz Hussain, Nasim Hasan Shah and M. S. H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 146 (SCMR) (PROVINCE OF THE PUNJAB and others — Petitioners Versus Syed ABBAS HUSSAIN SHAH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalil Ramdey, Addl. A.-G, assisted by Sh. Ijaz Ali Advocate -on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 3rd June, 1984.
- 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.
Headnotes / Summary
(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].
Judgment & Decree
M. S. H. QURAISHI, J.--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.