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1984 CLC 1893(1)

Haft FAIZ MUHAMMAD AND 2 OTHERS vs THE OFFICERONSPECIAL DUTY

Citation1984 CLC 1893(1)
CourtSindh High Court
Judge(s)Ajmal Mian, Syed Haider Ali Pirzada
ResultPetition allowed

1. ' AIMAL MIAN, J.-This petition has been directed against the order, dated 31-12-1976, passed by respondent No, 1 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 All Talpur and others v. Government of Sind (1) 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 all 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 from enforcing the above order.

2. ' There will be no order as to costs.

(1) PLD 1976 Kar. 316

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