Law:

Section:

Gift--- ----Proof---Both the parties were legal heirs of their deceased father---Property of deceased would devolve on both the parties for partition---Defendants were bound to prove the alleged gift as correct and fit to be acted upon---Father of the parties remained in possession on his properties till his death---Delivery of possession of gifted property was a pre-requisite for a valid gift---Donor had not transferred possession of suit land in favour of donees---None of the donee was present when gift deeds were prepared---Defendants had not produced any marginal witness of gift deed---Donees had failed to prove the gifts as valid and correct through any evidence---Impugned was result of mis-reading and non-reading of evidence which was set aside and that of Trial Court was restored---Revision was allowed in circumstances. ORDER MUHAMMAD ALAM, J.--- This civil revision petition has been directed against the judgment/decree dated 23-05-2013 of the learned Additional District Judge Ghizer. Through the impugned order, learned Additional District Judge accepted appeal (CFA No.14/2012) of the respondent/defendant and set aside judgment/decree dated 10-10-2012 that the learned trial court passed in Civil Suit No.31/2007. 2. Through Civil Suit No.31/2007, petitioner/plaintiff sought a decree for 1/4th (one fourth) in the properties of her father, namely Hajat Aman (late). Mr. Hajat Aman (late) had only four daughters as his legal heirs. Respondents/defendants, who are real sisters of the petitioner/plaintiff, contested suit on grounds of gift deeds dated 15-04-2002, Exh.D/1, and gift deed dated 11-09-1993, Exh.D/2. In addition to the said gift deeds, respondents/defendants jointly averred that respondent No.1/defendant No.1, Mst. Zaitoon Bibi, was Dukhtar Khana Nasheen of their father. Learned trial court completed all trial proceedings and passed decree in the following words:-- "Keeping in view my findings on issue Nos.1, 2, 3, 4, 7, 9, 10, 11, 12 and 13, the suit is decreed to the effect that plaintiff is entitled to 1/4 share from the suit properties except property described as Chono Chako which shall remain property of defendant No.1, with costs. File." On…

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