| Case ID |
265c1574-403b-4ad2-b264-3195a4ddc946 |
| Body |
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| Case Number |
D-158 of 1977 |
| Decision Date |
Nov 17, 1976 |
| Hearing Date |
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| Decision |
The Sindh High Court allowed the petition filed by Sain Bux and restored the order dated June 20, 1972, passed by the Land Commissioner, Sind, which validated the gift alienations made by Sain Bux to his minor sons. The court found that the Officer on Special Duty had invalidated the gift on incorrect assumptions regarding the records and entries related to the gifts. The court emphasized that the entries in the Dakhil Kharij Register were genuine and that the OSD's decision lacked a factual basis. The court also noted that the absence of changes in the Village Form VIII-A was inconsequential given the valid entries in the Dakhil Kharij Register. |
| Summary |
This case revolves around the validity of gift alienations made by Sain Bux to his minor sons, which were initially upheld by the Land Commissioner but later set aside by the Officer on Special Duty (OSD) of the Federal Land Commission. The OSD's decision was based on alleged irregularities in the documentation and claims of non-genuineness. However, the Sindh High Court found that the OSD's findings were not supported by the actual records and that the gift transactions were valid, leading to the restoration of the Land Commissioner's order. The case highlights important aspects of land reforms, gift documentation, and the legal interpretation of agricultural land alienations in Pakistan's land revenue system. Key terms include 'gift alienation', 'land revenue', 'validity of gifts', and 'suo motu powers', which are trending topics in land law discussions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAFEEZ MEMON,
S. A. NUSRAT
|
| Lawyers |
Mr. Imam Ali Kazi,
Mr. Ansari
|
| Petitioners |
Amanullah,
Sain Bux,
Hassan Mahmood,
Gul Mir,
Gul Mohammad
|
| Respondents |
,
Officer On Special Duty, Federal Land Commission, Rawalpindi
|
| Citations |
1980 SLD 1579,
1980 CLC 1395
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| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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