Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

(a) Evidence--- ----Production of evidence---Principles---None of the parties to a suit can produce evidence contrary to facts stated in pleadings. (b) Islamic law--- ----Gift---Proof of---When a fact renders physical and mental capacity of donor to make gift highly doubtful, it is for the beneficiaries to prove that donor was in mentally fit condition, he had an independent advice available to him and that he had made a valid offer of gift which has been accepted by the donee---Qanun-e-Shahadat (X of 1984), Arts. 117 & 120. (c) Islamic law--- ----Gift---Essential requirements---Making of a valid gift is dependent upon three essential requirements: a declaration of gift by donor; the acceptance of gift by donee and delivery of possession of subject property of gift by donor to donee (d) Islamic Law--- ---Gift deed---Proof---Health of donor---Absence of independent advice---Transfer of possession---Plaintiffs assailed mutation of gift sanctioned in their favour on the plea that father of parties was paralyzed before making of alleged gift in favour of defendants, and the same was a result of fraud---Validity---Father of parties was suffering from serious sickness and was paralyzed and his thumb impression was obtained through appointment of Local Commission who appeared as witness and admitted that gift deed was not signed by two witnesses in his presence nor did they appear before him when he went to get thumb impression of donor on the deed---No independent person identified the donor at the time of alleged obtaining of his thumb impression by Local Commission upon gift deed---Only one marginal witness appeared as witness before court but his presence at the time of obtaining thumb impression was excluded by Local Commission---Making of gift by father of parties in favour of defendants was doubtful and not proved in confidence inspiring manner---Delivery of possession by donor of subject property exclusively to defendant was not established as well---All legal heirs of deceased were in joint possession of suit land and donees had not even claimed to be in possession over any portion of the property nor had accepted alleged gift in their favour---Judgments…

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