Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 85, 102 & 103---Suit for declaration---Gift of evacuee property---Procedure---Custodian of Evacuee Property issued "no objection certificate" which was a public document---"No objection certificate" was pre-requisite for the registration of gift deed in case of evacuee property---Impugned gift deed was self-speaking and comprehensive enough---Findings of Trial Court were unexceptional and in-line with the law---Documentary evidence would exclude the oral evidence---Gift had been reduced into writing which was to be construed in accordance with its terms and in the light of facts known to both the parties---Impugned passed by the Appellate Court was the result of misreading and non-reading of evidence---No forgery or fraud had been proved by the plaintiff with regard to completion of gift deed---Elements of a valid gift had been proved in the present case---Impugned and decree passed by the Appellate Court were set aside and that of Trial Court were restored whereby suit was dismissed---Second appeal was dismissed in circumstances. 2006 CLC 1023; 2006 SCR 38 and PLD 1990 AJK 34 ref. 2006 CLC 1023; 2006 SCR 38 and PLD 1990 AJK 34 distinguished. PLD 1994 Quetta 47; 1994 MLD 754; 2007 SCMR 236 and 2008 MLD 1571 rel. (b) Islamic Law--- ----Gift---Essentials---Essentials of gift were offer, acceptance and delivery of possession. (c) Administration of justice--- ----Party seeking certain relief or alleging something wrong had to prove it on its own. (d) Interpretation of document--- ----Instrument/document should be given natural meaning and all words in a deed must be taken into consideration and it should be read as a whole and be considered in totality---Document should be read and considered in its plain and simple language without putting on it any premium to achieve the object for which no provision had been laid down. JUDGMENT SARDAR ABDUL HAMEED KHAN, J.---Through the above titled appeal, the appellant has challenged the validity and proprietary of the judgment and decree passed by the learned District Judge, Kotli on, 23-11-2011 whereby, appeal filed by Muhammad…

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