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Petitioner: G. P. SHAHANI AND 2 OTHERS VS Respondent: FEDERAL LAND COMMISSION AND 2 OTHERS
Court Name: Sindh High Court Judge(s): Saeeduzzaman Siddiqui Title: G. P. SHAHANI AND 2 OTHERS vs FEDERAL LAND COMMISSION AND 2 OTHERS Case No.: Constitutional Petition No, D-713 of 1979 Date of Judgment:1982-11-10 Reported As: 1983 CLC 1971 Result: Order declared illegal and passed without lawful authority
JUDGMENT
JUDGMENT JUDGMENT ' The petitioners have challenged in this petition the order of Member, Federal Land Commission dated 13th May, 1975 declaring the transfer of land made by petitioner No, 1 in favour of petitioner No, 2 by oral gift as void under paragraph 7 of the M. L. R. 115.These transfers weir declared void on the sole ground that they were made in violation of the provisions of section 123 of the Transfer of Property Act and, therefore, were void under paragraph 7 of the Regulation. The point whether a transfer made otherwise than by a registered document could be held to be void under paragraph 7 of the M. L. R. 115, only by reasons of non-registration of the document stands concluded by the decisions in the following cases. :- (1) Sachunand and another v. Officer on Special Duty, Federal Land Commission and 2 others PLD 1981 Kar. 393 (2) Ch. Atta Muhammad and others v. Federal Land Commission 1979 CLC 294. (3) Limo Khan and another v. Member, Federal Land Commission and others PLD 1981 Kar. 114, and (4) Jethanand and another v. Member, Federal Land Commission and another C. P. No, 293/1976, decided on 3rd February, 1981. ' In all the above cases it is held that lack of registration would not make a transfer void under paragraph 7 of M. L. R. 115, necessarily, if the bona fide nature of transfer is established. In the case before us it is not disputed that the transfer by way of gift to petitioners Nos. 2 and 3 by petitioner No, 1 was bona fide. We accordingly declare the order passed by the Member, Federal Land Commission on 13th May, 1975 as illegal and having been passed without lawful authority. As the respondents have not appeared and defended the petition, there will be no order as to costs.