Case Details

Citation(s)
2015 SLG 1251 2015 SLD 1251 2015 PLJ 909
Supreme Court of Pakistan
Civil Appeal No. 697 of 2008, decision & hearing Dated: 16.06.2015. (On appeal from judgment of Lahore High Court, Lahore Dated 24.5.2004, passed in Civil Revision No. 680/2003).
ANWAR ZAHEER, JAMALI, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Ch. Muhammad Yaqoob Sindhu, ASC for Appellants. Kh. Saeed-uz-Zafar, ASC for
Respondents No. 1 & 5. Ex-parte for
Respondents No. 2, 3, 4 & 6.

BAJA (DECEASED) THROUGH HIS L.RS. ETC.

VS

MST. BAKHAN & OTHERS

Law:

Section:

Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 127--Gift--Protection to illiterate and pardanashin ladies--Co-sharers in joint holding--Fraudulently entry of gift--Question of--Validity of gift--Burden of proof--Determination--When donor is illiterate pardanashin lady, disputing very genuineness of gift on allegation of fraud, for their satisfaction Courts have to look into surrounding circumstances lo ascertain true intent behind gift so as to determine its validity, and to ensure that women are not deprived of their property through frivolous or fraudulent means by taking advantage of their illiteracy, weak social background and other compelling circumstances to which they may be easily exposed--Burden of proving validity of gift vis-a-vis good faith was on beneficiaries of such transaction--But, donees, despite being, served with summons did not appear to contest suit, to establish validity of alleged gift in their favour, and appellants, being subsequent buyer, also failed to prove necessary ingredients of a valid gift--Since appellants had failed to prove validity of gift allegedly made by respondent in favour of respondents--Consequent entry in revenue record had been managed fraudulently and thus it is void, it a settled principle of law that any superstructure built on basis of a fraudulent transaction must collapse upon failure of such transaction. Transfer of Property Act, 1882 (IV of 1882)-- ----S. 41--Bona fide purchasers of joint holding--Limitation--It is also settled law that period of limitation to challenge a fraudulent transaction runs from date of its knowledge. THIS JUDGMENT DELIVERED BY: Anwar Zaheer Jamali, J.- This appeal, with leave of the Court in terms of the leave granting order dated 30.7.2008, is directed against the judgment, dated 24.05.2004, passed by the Lahore High Court Lahore, in C.R. No 680 of 2003, whereby this civil revision was dismissed and the findings of the learned additional District Judge Nankana Sahib, decreeing the suit for declaration and permanent injunction filed by Respondent No. 1, vide judgment dated 17.04.2003, were maintained. 2. The brief facts relevant for the disposal of this appeal are that…
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