Law:

Section:

(a) Gift--- ----Ingredients---Gift in favour of wife---Scope---Contention of plaintiff husband was that he was owner of suit property and gift in favour of defendant wife was a forged document---Suit was dismissed by the Trial Court---Validity---Plaintiff was owner of suit property who voluntarily gifted the same to the donee-wife---Trial Court had correctly appraised the evidence while recording his findings---Impugned gift deed was not a forged and fabricated document but same had been signed by the donor---Suit property had been gifted in favour of defendant who was wife of donor at the relevant time---Ingredients of gift were offer, acceptance and delivery of possession which were present in the case---Possession of suit property was already with the donee which till date continued to be with her---If husband had made a gift of anything to his wife or vice-versa then it could not be retracted---Transaction in question was not a financial one but it was gift of which a reciprocal financial obligation was not a consideration---Provisions of Arts. 17 & 79 of Qanun-e-Shahadat, 1984 were not applicable in the matter of gift---Gift did not require a compulsory registration---Donor did not suffer any mental distress at the hand of donee---Impugned did not suffer from any infirmity or illegality---Appeal was dismissed in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 132(2)--- Witness not cross-examined on material part of evidence---Effect---If a witness was not cross examined on material part of his evidence then the same would be deemed to be accepted by the opponent. (c) Islamic law--- ----Gift---Ingredients---Ingredients of gift were offer, acceptance and delivery of possession. (d) Islamic law--- ---Gift---Revocation of---Gift could be revoked through Court decree or consent of the donee. (e) Evidence--- ----Documentary evidence---Document which was confronted to the witness and exhibited should only be considered in evidence. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- These two Appeals have been preferred by Appellant, calling in question the Judgment and Decree dated 28.01.2013 and 20.02.2013 respectively,…

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