Law: Evidence Act, (1 of 1872)

Section: 85,95,102,103

Gift--- ----Oral gift---Proof---Non-transfer of possession---Effect---Plaintiffwas father of defendants who sought cancellation of gift deed issued in favour of defendants---Plea raised by plaintiff was that possession was not transferred and that he still maintained control over the suit property through general power of attorney verified by defendants and a "No Objection Certificate"---Validity---Defendant failed to discharge onus of a valid gift in his favour---Defendant also did not cross-examine two attesting witnesses of gift deed in question to corroborate version of defendant---Non-examination of attesting witnesses by defendant further weakened case of defendant---Plaintiff was in effective control of suit property, dealing with tenant and receiving rentals and managing other affairs in respect of suit property---Original documents in respect of suit property including instrument of gift were all in possession of plaintiff---High Court cancelled gift deed because plaintiff never divested himself of ownership rights and interests in respect of suit property---Suit was decreed in circumstances. Ashiq Hussain and another v. Ashiq Ali 1972 SCMR 50; Muhammad Sharif Khan v. Muhammad Aziz Khan and another 2008 CLC 131; Chief Engineer, Irrigation Department, N.-W.F.P. Peshawar and 2 others PLD 2004 SC 682; Mst. Nur Jehan Begum through Legal Representatives v. Syed Mujtaba Ali Naqvi 1991 SCMR 2300; Sakhi Zaman v. Mst. Shazia and 3 others PLD 2004 Pesh. 104; Rab Nawaz and others v. Ghulam Rasul 2014 SCMR 1181; Khaliqdad Khan and others v. Mst. Zeenat Khatoon and others 2010 SCMR 1370 and Abdul Sattar and others v. Muhammad Ashraf and others 2008 SCMR 1318 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J.--- The Plaintiff has filed the present lis for Cancellation of a 'Gift Deed' in respect of a Commercial Shop No.3, located at ground floor, measuring 1097 Square Feet along with 1974 Square Feet area on Mezzanine Floor, total covered area 3701 Square Feet, in the building known as 'Maryam Complex', built at Plot No.59, Bihar Muslim Cooperative Housing Society Limited, Block-3 of KECHS Union Limited, Karachi. The said Shop/Unit No.3 since is a…

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