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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: PROVINCE OF THE PUNJAB And Others VS Respondent: Syed ABBAS HUSSAIN SHAH And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi Title:PROVINCE OF THE PUNJAB And Others vs Syed ABBAS HUSSAIN SHAH And
Other Case No.: Civil Petition No.106 of 1977 Petition No.908 of 1976 Date of Judgment:1984-06-02 Reported As: 1985 SCMR 146 Result: Leave granted Judgment ORDER M. S. H. QURAISHI, J.--Respondent No.1, 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.Vs. 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.
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