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Citation: 1971 PLD 393
Court: Supreme Court of Pakistan
Year: 1970
Decision Date: 1970-12-31
Parties: WEST PAKISTAN LAND COMMISSION, LAHORE AND 2 OTHERS vs FATEH ULLAH JUDGMENT
Case cited as PLD 1971 Supreme Court 393
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:WEST PAKISTAN LAND COMMISSION, LAHORE AND 2 OTHERS vs FATEH ULLAH JUDGMENT Reported As: PLD 1971 Supreme Court 393 Result: Order accordingly Judgment JUDGMENT SAJJAD AHMAD, J.--This appeal, by special leave, arises out of an action taken by the appellant against the respondents under the West Pakistan Land Reforms Regulation of 1959 (hereinafter described as the Regulation). The relevant facts are as follows :- Soot Ata Muhammad, the predecessor-in-title of the respondents, was a big landlord, who owned considerable agricultural property spread out in several villages. Between September 1954 and September 1958, he made several gifts of this property in favour of his Shar`i heirs consisting of his wife, Mst. Hayat Bibi, his three sons Fatehullah, Nasrullah and Azizullah, and his two daughters, Mst. Ghulam Zohra Bibi and Mst. Asuda Bibi. The last in the series of these gifts was the one which is in dispute, pertaining to land in village Ghafoorwala, made in favour of Nasrullah and his two sisters, by means of mutations Nos, 60 and 61 of that village entered on the 20th of September 1958, and sanctioned on the 23rd of October 1958. Earlier, Soofi Ata Muhammad had sought to gift the aforesaid land to all his Shar'i heirs, but the mutation drawn up in connection therewith was not pursued and was consequently rejected on the 10th of June 1955. The new gift in favour…
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