' This a revision petition against the order, dated 3-4-1969 passed by the Additional Commissioner, Hyderabad whereby he rejected the appeal of the petitioner regarding mutation of gift of B. Nos.
66,1 to 16 (16 acres) situated in Deh No, 269, Taluka Jamesabad, District Tharparkar.
2. The facts of the case are that father of the petitioner held the disputed land on restricted tenure.
In 1963, he gifted it to his grand son, the respondent. The permission for the gift was given by the Collector on 11-11-1965. The Mukhtiarkar accordingly mutated the gift in favour of the respondent on 18-11-1966. The petitioner filed a revision petition, which was rejected by the Additional Commissioner, Hyderabad, vide the impugned order mainly on the ground that after introduction of West Pakistan Land Revenue Act, 1967, full proprietary rights had been conferred upon the present right holders and the permission of Collector was of a formal nature and there was no justification to refuse the permission.
3. I have heard the parties at length on 7-10-1970. The main points urged by both the parties are as follows :- ' Petitioner-
(i) The land was held on restricted tenure under Sind Act III of 1899 and prior permission of Collector was required for gift under dispute and the post facto sanction accorded by the Collector in 1965 did not validate the alienation.
(ii) The possession of the land under dispute had not been transferred by the donor to the donee and the gift was not complete, vide para. 159 of Muhammadan Law by D. F. Mulla. The possession is still with the petitioner and had never been transferred to the respondent.
(iii) The gift was alleged to have been made in 1963 and Collector accorded the permission in 1965 and the provision of Land Revenue Act, 1967, which came into force. With effect from 1-1-1968, were not applicable to the case.
(iv) The petitioner had never consented to the alleged gift as mentioned in the mutation statement of the donor. Respondent- ' Dildar, his grandfather, had gifted the land to him with the consent of the petitioner and Muhammad Shafi but they did not hand-over the possession to him and the land was still with Mst.
Inayat Bibi.
4. I have considered the arguments put forth by the parties. The restrictions on the land were contained in section 8 of the Sind Act Ill of 1899. The Sind Act III of 1899 has been repealed under section 8 (i) of the Colonization of Government Lands (Punjab) (West Pakistan Amendment)
Ordinance, 1969 but according to subsection (8) ibid, the grants already made are saved to the extent mentioned therein. Besides the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 came into force, with effect from 6-12-1969. The West Pakistan Land Revenue Act, 1967 came into force, with effect from 1-1-1968. In the present case the disputed land is alleged to have been gifted to the respondent in 1963 and sanction for the alienation was accorded by the Collector in 1965 i. e. Much before the West Pakistan Land Revenue Act, 1967 and the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 came into force.' Under these -circumstances the previous consent of the Collector for the gift was pre-requisite and absence of such a consent has rendered the gift as void. The respondent has also admitted that the possession of the land had not been transferred to him by the donor and that it was still with the petitioner and the gift is not, therefore complete, vide para. 159 of the Muhammadan Law by D.F. Mulla.
5. In view of the above circumstances, the mutation of the said gift in the record of rights was not justified and the revision petition is, therefore, upheld and the entries in the record of rights in respect of the gift are set aside.
6. Announced. The respondent is not present and he may be informed of this order.