Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Oral Gift---Suit for declaration and permanent injunction on basis of oral gift---Claim of inheritance---Plaintiffs filed suit on the ground that suit property was owned by the father (deceased) of the parties to the case---On chehlum of deceased, defendants-real sisters of plaintiff orally gifted the suit property in favour of plaintiff---When plaintiff intended to transfer property to his son defendants refused to honour their commitment---Suit of plaintiff was dismissed by the Trial Court as well as lower appellate court---Validity---Plaintiff had failed to fulfill the mandatory requirements of an "oral gift" as no specific date, time and place was mentioned in the plaint---Witnesses could not substantiate claim of plaintiff even plaintiff himself failed to prove his case---Defendants flatly and categorically denied the factum of making oral gift in favor of plaintiff---Women who were weaker segment of society were not to be deprived of their right of inheritance in the name of custom or by emotionally exploiting them---Revision was dismissed accordingly. Muhammad Nawaz through LRs v. Haji Muhammad Baran Khan through L.Rs. and others 2013 SCMR 1300; Rana Surbland Khan v. B.K. Enterprises through Director PLD 2015 Lah. 681 and Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (b) Civil Procedure Code (V of 1898)--- ----S. 115---Revisional jurisdiction of High Court---Concurrent findings of lower courts---Principle---High Court in case of concurrent findings declined to interfere unless impugned findings were result of exercise of jurisdiction not vested in lower courts. Cantonment Board through Executive Officer Cantt. Board, Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161; Mst. Zaitoon Begum v. Nazar Hussain and another 2014 SCMR 1469; Noor Muhammad and others v. Mst. Azmat-e-Bibi 2012 SCMR 1373; Ahmad Nawaz Khan v. Muhammad Jaffar Khan and others 2010 SCMR 984; Malik Muhammad Khaqan v. Trustees of the Port of Karachi (KPT) and another 2008 SCMR 428 and Abdul Ghafoor and others v. Kallu and others 2008 SCMR 452 rel. THIS JUDGMENT DELIVERED BY: ALI AKBAR QURESHI,…

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