Law: Civil Procedure Code (V of 1908)

Section: O.II,R.2

Law: Civil Procedure Code (V of 1908)

Section: O.II,R.2

(a) Islamic law-------Hiba-bil-ewaz---Trial Court decreed the suit---Appellate Court accepted appeal filed by defendant and dismissed the suit---Plaintiffs contended that they were co-sharers in the joint khata and defendants were in possession of the land in excess of their entitlement ands that non-delivery of possession in `Hiba-bil-ewaz' was not a valid ground for non-suiting them---Validity---Defendant made `Hiba-bil-ewaz' in favour of plaintiff for consideration and such `hibba' was equal to sale in the eyes of law---Copy of the sale deed showed that defendant had put his signatures on it--Non-delivery of undivided share in property would not render `Hibba-bil-ewaz' invalid---Trial Court appreciated the evidence properly and arrived at just conclusions--Appellate Court having committed material irregularity revision was accepted and impugned and decree were set aside. Principles of the Muhammadan Law by D.F. Mulla para.168 ref. (b) Islamic law--- ----Gift---`Hibba-bil-ewaz'---Nature---`Hibba-bil-ewaz' was equal to sale in the eyes of law---Non-delivery of undivided share in property would not render said `hibba' invalid. Mst. Willayat Jan and another v. Muhammad Sharif and another 1985 SCMR 1131 fol. 1996 CLC 1525 and 1980 CLC 1216 ref. Malik Muhammad Kabir for Petitioners. Saeed Mahmood for Respondents. Date of hearing: 20th December, 2010. JUDGMENT RAUF AHMAD SHEIKH, J.--- Both these connected civil revisions are directed against the single judgment' dated 14-9-2001, passed by Mushtaq Ahmad Tarar, learned Addlitional District Judge, Talagang, in two connected civil appeals, whereby the consolidated judgment and decree dated 16-11-1999 passed by the learned Civil Judge, Talagang were set aside and resultantly the suit filed by the respondent No.1 was decreed, whereas the suit filed by the petitioners was dismissed. 2. The respondent No.1 had filed a suit for declaration to the effect that Mutation No. 242 dated 25-5-1992 on the basis of alleged hibba in respect of the land measuring 7 Marlas fully described in the head note of the plaint is forged, fictitious, without knowledge, without consent, fraudulent and based on `forgery and as such the same is…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492