Law:

Section:

(a) Gift--- ----Ingredients---Burden of proof---Oral gift---Plaintiff did not spell out the details with regard to the date, time and place as to when and where the alleged oral gift was made---No instrument was required to constitute a gift nor registration of the same was required---Factum of oral gift was never reported to the Patwari Halqa---Plaintiff had not specified the names in his plaint in whose presence alleged gift was made---Plaintiff could not be allowed to flesh out in his deposition---Party could not be allowed to lead evidence with regard to material fact unless it had laid down the foundation in its pleadings---Onus would be on the beneficiary in case of disputed transaction to prove its execution, correctness, validity and legality thereof---Donee was bound to prove that donor had made gift to him voluntarily, without duress and in all senses and he accepted the same and possession was delivered to him in its wake---If any of the ingredients/components was missing then claim of the donee would be rejected outright---Donee was required to prove offer of gift, its acceptance and delivery of possession by leading cogent, convincing, sound and incontrovertible evidence---Declaration and acceptance of gift were critical to the validity of the same but sine qua non thereof was the delivery of possession to the donee---Plaintiff had failed to prove the factum of oral gift---Donee had never been in possession of the suit land as an owner thereof by virtue of the purported gift made to him---No mis-reading or non-reading of evidence had been pointed out in the impugned passed by the Trial Court---Appeal was dismissed in circumstances. Muhammad Zaman Khan v. The Additional Chief Land Commissioner 1986 SCMR 1121; Khurshid Ahmad and 4 others v. The Senior Member, Federal Land Commission and 5 others PLD 1989 Kar. 610; Hakim Khan v. Aurangzeb and another PLD 1975 Lah. 1170; Muhammad Ijaz v. Khalida Awan 2010 SCMR 342; Maulvi Abdullah v. Abdul Aziz 1987 SCMR 1403; Mst. Nagina Begum v. Tahzin Akhtar 2009 SCMR 623; Ghulam Zainab and another v. Said Rasool and 8 others 2004 CLC 33; Mst. Imam Sain and 4 others v. Dr. Shahid Mahmood and another 2006 YLR 1102;…

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