Legal Case Summary

Case Details
Case ID 02c53c10-27fc-4d75-aafb-2c90837626a1
Body View case body.
Case Number Civil Appeal No. 6 of 1974
Decision Date Jan 31, 1975
Hearing Date Jan 27, 1975
Decision The Supreme Court of Pakistan delivered a consolidated judgment on several civil appeals concerning the validity of gifts made under the Land Reforms Regulation, 1972. The court addressed issues regarding the interpretation of various paragraphs of the regulation, specifically concerning the bona fide nature of land transactions and the limits on individual land holdings. The court held that certain amendments made to the regulation did not violate fundamental rights and that the gifts made by petitioners were valid unless specified otherwise by the Land Commission. The decision emphasized the importance of equitable land distribution and the adherence to legislative frameworks established by the Land Reforms Regulation.
Summary This case revolves around the interpretation and application of the Land Reforms Regulation, 1972, particularly focusing on the validity of land gifts and the maximum limits on individual land holdings. The Supreme Court of Pakistan dealt with appeals from multiple petitioners against the decisions of the Punjab Land Commission, which rejected certain land gifts as not being bona fide transactions. The court explored the implications of various legislative amendments and concluded that the regulation aimed to promote equitable distribution of land, thereby aligning with constitutional mandates. Key issues included the interpretation of laws concerning land ownership and the role of the Land Commission in determining the validity of transactions. The decision reinforces the necessity for clarity in laws governing land reforms, ensuring compliance with constitutional provisions while balancing the rights of landowners and the need for land equity.
Court Supreme Court of Pakistan
Entities Involved Government of Pakistan, Provincial Assembly, Land Commission
Judges MUHAMMAD YAQUB ALI, SALAHUDDIN AHMED, ANWARUL HAQ
Lawyers Ijaz Ali, Inayat Hussain, Muhammad Bilal, Yahya Bakhtiar, Ghias Muhammad, M. B. Zaman, Ijaz Hussain Batalvi, Riaz Ahmed, Hameed Aslam Qureshi, Abdul Karim, M. A. Rehman, Maqbool Ahmad Qadri, Sharifuddin Pirzada, Dr. Farooq A. Hassan, Talib Hussain, Fazle Mahmood
Petitioners ABDUL REHMAN, KARIM BAKHSH, Mst. GHULAM FATIMA, MAHMOOD HUSSAIN, MEHREEN ZAIBUN NISA, Makhdoom MUSHARUF HUSSAIN, Makhdoom AKHTAR HUSSAIN, Makhdoom IMAMUDDIN, Mst. SUGHRA BIBI, Makhdoom MUZAFFAR HUSSAIN, Mst. ZARINA BIBI, Makhdoom NOOR MUHAMMAD, Makhdoom MOHAMMAD IDREES, GHULAM MOHAMMAD, MUHAMMAD QAISAR MUSHTAQ, Pir SHARAF DIN, MOHAMMAD ISMAIL, Syed MUBARIK ALI SHAH
Respondents LAND COMMISSIONER, MULTAN AND OTHERS, CHIEF LAND COMMISSIONER LTC., CHIEF LAND COMMISSIONER ETC., THE ADDITIONAL CHIEF LAND COMMISSIONER, PUNJAB AND 4 OTHERS, GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN AND 3 OTHERS
Citations 1975 SLD 383, 1975 PLD 397
Other Citations Not available
Laws Involved Land Reforms Regulation, 1972, Constitution of Pakistan (1972)
Sections Para. 7, Para. 8, Art. 135