Case Details

Citation(s)
2016 SLG 3773 2016 SLD 3773 2016 YLR 1557
Sindh High Court
Suit No. 1018 of 2005, decided on 14th December, 2015. Dateof hearing: 3rd October, 2015.
MUHAMMAD, JUNAID GHAFFAR, JUSTICE
Khalid Dawood Pota for Plaintiff.S. Hassan Imam for Defendants Nos. 2 and 3.Nemo for Defendants Nos.1 and 4.

ABDUL HALEEM--PlaintiffVS.MESSRS GULSHANEFAISAL COOP. HOUSING SOCIETY LTD. THROUGH SECRETARY AND 5 others-----Defendants

Law:

Section:

(a) Gift----------Ingredients-----Scope-----Contention of plaintiff was that he was owner of suit property and gift deed in favour of defendants was forged one-----Validity-----Limitation for cancellation of document had to be counted from the date of knowledge of such alleged forged document-----Suit of plaintiff was within time-----Defendants were bound to produce evidence in support of gift deed executed in their favour-----No record with regard to impugned gift deed was produced in the court-----Attesting witnesses of gift deed had not been produced by the defendants to prove the same-----Impugned gift deed was doubtful-----Nothing was on record that possession of suit property was handed over to the donee-----No evidence had been produced by the defendants to prove alleged transaction of gift-----Suit was decreed in circumstances.Majeeduddin Khan and others v. Sardar Khan and others 1990 SCMR 1031; Arshad Khan v. Mst. Resham Jan and others 2005 SCMR 1859; Sirajuddin v. Mst. Jamilan and another PLD 1997 Lah. 633; Muhammad Ejaz and 2 others v. Mst. Khalida Awan and another 2010 SCMR 342; Barkat Ali through legal heirs and others v. Muhammad Ismail through legal heirs and others 2002 SCMR 1938; Shams Mohiuddin Ansari v. Messrs International Builders through Partners and another 2010 CLC 1622; Abdul Majeed Khan v. Tawseen Abdul Haleem and others 2012 CLD 6; Qureshi Noor Hussain and 7 others v. Ghulam Jan and 5 others PLD 1984 Pesh. 86; Malik Bashir Ahmed Khan and others v. Qasim Ali and others PLD 2009 SC 183; Ashiq Hussain v. Ali Ahmed 1999 YLR 2209; Hyderabad Development Authority through MD Civic Centre Hyderabad v. Abdul Majeed and others PLD 2002 SC 84; Aurangzeb Khan and 9 others v. Ghulam Mustafa Khan 1990 CLC 1838; Fazal Muhammad v. Mst. Chohara and others 1992 SCMR 2182; Muhammad Ibrahim v. District Judge Appellate Authority Vehari and others 1985 CLC 2644; Mst. Marium Haji and others v. Mrs. Yasmin R. Minhas and others PLD 2003 Kar. 148 and Mian Muhammad Akram and others v. Muhammad Chiragh and others PLD 2003 Lah. 804 ref.Umar Bibi and 3 others v. Bashir Ahmed and 3 others 1977 SCMR 154; Maulvi Abdullah and others v. Abdul Aziz and others 1987 SCMR…
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