1. ' MUHAMMAD AFZAL ZULLAH, C.J.---This appeal through leave of the Court arises out of a case dealt under Land Reforms Regulation 64 of 1959. Respondent No,1 Syed Abbas Shah was a declarant.
2. ' It is stated that he had 1909 units in excess of the 36000 units. It is further stated that he was permitted by the Land Commission Authorities in 1961 to make a gift of the excess area in favour of his daughter Mst. Fehmida Begum. From this stage onward there are serious factual controversies between the parties. According to one position the gift was made in favour of Mst. Fehmida Begum and it was completed. Another position is that it was never completed nor was it a valid gift. Yet another position between the father and the daughter is that whatever the facts may be it was never intended to be a valid gift--it was not completed nor was it acted upon because it is further stated the declarant kept full control of the land and also made certain alienations. There might be other factual controversies as well. It is neither necessary nor proper (in view of the order to which the parties have agreed) to make any further comment in this behalf; because that might prejudice either party's case in civil litigation which is still pending at A lower stage. And for that reason even the foregoing narrative should be treated as only tentative.
3. Notwithstanding the impugned judgment of the High Court in this appeal and another judgment by the High Court in this very case in a writ petition filed by Mst. Fehmida Begum (No,484 of 1976), which was dismissed on 26-9-1976 with certain significant observations and remarks, all the learned counsel have agreed that these judgments should not be treated as final nor to operate as res judicata, vis-a-vis, the appeal which is stated to be pending in the Lahore High Court in respect of the same or similar subject-matter. It has also been agreed that the said judgments of the High Court shall be subject to the final adjudication in the afore-noticed pending civil litigation.
4. Accordingly, this appeal is disposed of in the afore recorded terms. There shall be no order as to costs.