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GHULAM MUSTAFA vs GHULAM HAIDER Ss — 2025 PLD 152 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PLD 152 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PLD
Parties
GHULAM MUSTAFA vs GHULAM HAIDER Ss
Subject matter
Constitutional
Provisions referred to
S. 172

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM MUSTAFA VS GHULAM HAIDER Ss. 172 (2)(ii),, 172 (2) (vi) & 172(2)(xvi)---Gift-mutation---Challenging gift-mutation on ground other than fraud---Jurisdiction---Whether revenue authorities/courts or civil court had jurisdiction---Settlement Officer set-aside gift-mutation accepting application of the donor (father who contracted two marriages) filed by him in his life ('the gift mutation-in-question') which findings were maintained upto the Board of Revenue---Donees/sons (petitioners) challenged said orders---Held: In the present matter, the contents of gift-in-question remained un-disputed---The revenue authority, under clauses (ii), (vi) and (xvi) of S. 172(2) of the Act 1967 was authorized to exercise its powers, which included compelling the discharge of any duties imposed by the Act 1967, or any other enactment for the time being in force, correcting entries in the record of rights, or addressing any claims to set aside, on grounds other than "fraud"---No illegality had been noticed in the impugned gift-mutation cancelling orders passed by revenue authorities---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2025 PLD

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