| Case ID |
e13d70ac-25db-45e7-a87b-dc24351be50d |
| Body |
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| Case Number |
Writ Petition No.1993 of 2013 |
| Decision Date |
Mar 19, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition filed by Mukhtar Ahmad Gondal challenging the implementation of a court decree regarding the mutation of property gifted by his mother. The court held that the petitioner must comply with the tax obligations as outlined in the Punjab Local Government Rules and the Stamp Act. The court clarified the distinction between 'Gift' and 'Tamleek' and ruled that the revenue authorities are entitled to charge the appropriate fees for the mutation based on the court decree. The petitioner was ordered to pay the requisite mutation fees and the court's decision emphasized adherence to legal procedures in property transfer matters. |
| Summary |
This case revolves around the legal definitions of 'Gift' and 'Tamleek' in the context of property transfer under Islamic law and local regulations. The petitioner, Mukhtar Ahmad Gondal, sought the court's intervention to enforce a decree from a prior civil suit where he was awarded ownership of property gifted by his mother. The court analyzed the definitions and implications of these terms, emphasizing that while a gift can be made to anyone, Tamleek involves transfers within family members. The ruling highlighted the necessity for compliance with taxation rules under the Punjab Local Government regulations, specifically regarding the payment of mutation fees. The case underlines the importance of legal clarity in property transactions and the obligations of parties involved in such matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHUJAAT ALI KHAN, J
|
| Lawyers |
Talal Farooq Sheikh,
Rana Shamshad Khan
|
| Petitioners |
MUKHTAR AHMAD GONDAL
|
| Respondents |
DISTRICT OFFICER (REVENUE), Lahore High Court,
Rana Shamshad Khan,
Rana Sajjad Iqbal,
Muhammad Iftikhar
|
| Citations |
2013 SLD 2064,
2013 PLD 498
|
| Other Citations |
Said Akbar and others v. Mst. Kakai PLD 1975 SC 377,
Abdul Aziz v. Deputy District Officer (Revenue) 2011 YLR 1759,
Messrs Marathon Construction Co. Pvt. Ltd. v. Oil and Gas Development Co. Ltd. PLD 2010 Lah. 707,
Allah Ditta Bhatti v. Amjad Saeed and others PLD 2009 Lah. 440,
Okara Textile Mills Ltd. and another v. Deputy District Officer (Registration) Okara and another PLD 2007 Lah. 507,
Khurshid Begum v. Sub Registrar and 2 others 2010 CLC 157,
Komal Chand and another v. The State of Madhya Pardesh AIR 1966 Madh. Par. 20,
Mst. Anwar Sultan v. Collector Lahore PLD 1994 West Pakistan (Rev.) 49,
Muhammad Akbar and another v. Allah Ditta and 3 others 1991 CLC 282
|
| Laws Involved |
Punjab Local Government (Tax on Transfer of Immovable Property) Rules, 2001,
West Pakistan Land Revenue Act (XVII of 1967),
Stamp Act (II of 1899)
|
| Sections |
R. 9,
S.46,
S.33
|