The late Maulana Allah Yar Khan, husband of Mst. Mehtab Bano (petitioner 1) and father of Mst.
Umme Kalsoom (petitioner 2) and Abdur Rauf (Respondent) was the owner of 1,136 Kanals 13 marlas of the land in dispute, situate in the area of village Kund, tehsil and district Mianwali. The respondent's mother was the first wife of Maulana Allah Yar Khan. She died while the respondent was a minor. Thereafter Maulana Allah Yar Khan contracted marriage with petitioner 1 from whom he had petitioner 2 as daughter. On the 21st July. 1979, Maulana Allah Yar Khan got entered mutation of gift, bearing No.7868, of the land in dispute in favour of the respondent. He got the mutation attested on the 28th July, 1978. Admittedly the land was under occupation of the tenants at the time of making of the gift and attestation of the mutation.
2. On the 10th January, 1983, Maulana Allah Yar Khan instituted suit for a declaration that mutation of gift No.7868 was, for want of delivery of-possession of the land in dispute, void and liable to cancellation, that he was owner in possession of the land in dispute, that the respondent had no connection with the land and for issuance of permanent injunction restraining the respondent from interfering with his possession thereof and from giving himself out as owner of the land in dispute and from alienating it to anyone else. The mainstay of the suit plaintiff had not delivered possession of the land in dispute to the time of making of the alleged gift and, therefore, the gift was incomplete of and void.
3. The respondent contested the suit and took the stance that the possession of the land in question has been delivered when his father had effected the gift and got the mutation attested.
He also filed a suit for getting himself recognised as owner of the land. That suit was resisted by Maulana Allah Yar Khan who insisted upon non-delivery of possession or the disputed land and void nature of the gift.
4. During the pendency of the suit Maulana Allah Yar Khan expired and the petitioners were brought on the record as his legal representatives.
5. Both the suits were consolidated and decided by the learned Senior Civil Judge, Mianwali, on the 27th July, 1987. The learned trial Judge held that possession of the land forming subject-matter of the gift had to fact been delivered to the respondent and the gift was complete and valid. He dismissed the suit instituted by Maulana Allah Yar Khan and decreed the one filed by the respondent. The learned Additional District Judge, Lahore, vide his judgment of the 20th May, 1989, affirmed in appeal the decision of the learned trial Court. He dismissed the appeal preferred by the petitioners. Feeling aggrieved they have now invoked the revisional jurisdiction of this Court.
6. Maulana Allah Yar Khan got the mutation pertaining to gift of the land in dispute in favour of the respondent entered and attested. The land at the moment was indisputably in the occupation of tenants. Therefore, as noted in section 152 of Mulla's Muhammadan Law and as observed in Gani Mia v. Wajid A.I AIR 1935 Calcutta 393, the process of delivery of possession of the land in question by getting entered and sanctioned mutation in the revenue register would be taken to have been completed. The finding of the learned Courts below in this behalf is quite correct and needs no interference. The gift could not be set aside or revoked. There is no room for interference with the decisions of the learned Courts below. This petition is dismissed in limine.
A.A./M-1672/L