Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Gift--- ----Evidence beyond pleadings---Dishonest improvements---Scope claimed that his father orally gifted the entire land to him during his life time but neither disclosed the specific date, time, place nor the names of witnesses in whose presence the oral gift transaction of suit land was made in his favour had to prove the gift through trustworthy corroborative evidence, but no such proof was furnished with respect to offer, acceptance and delivery of possession, as such, he had failed to prove the alleged oral gift, while appearing in the witness box had made unauthorized improvements as the names of witnesses were not mentioned in the plaint---Evidence produced by the petitioner was out of pleadings which could not be considered or discussed, rather was liable to be ignored while deciding the lis---Revision petition was dismissed. Peer Baksh through LRs and others v. Mst. Khanzadi and others 2016 SCMR 1417; Muhammad Iqbal and another v. Mukhtar Ahmad through LRs 2008 SCMR 855; Amjad Ikram v. Mst. Asiya Kausar and 2 others 2015 SCMR 1; Zulfiqar and others v. Shahdat Khan PLD 2007 SC 582; Muhammad Nawaz alias Nawaza and others v. Member Judicial Board of Revenue and others 2014 SCMR 914; Combined Investment (Pvt.) Limited v. Wali Bhai and others PLD 2016 SC 730 and Moiz Abbas v. Mrs. Latifa and others 2019 SCMR 74 ref. Mrs. Khalida Azhar v. Viqar Rustam Bakhshi and others 2018 SCMR 30 rel. (b) Gift--- ----Necessary constituents of a valid gift are offer by the donor, acceptance by donee and delivery of possession---Any infirmity in proving such constituents vitiates the validity of gift transaction---Bounden duty of the donee/beneficiaries of the transaction to prove the validity of gift such as the offer made by the donor and acceptance of the offer of gift by the donee as well as delivery of possession of gifted property through believable evidence with exact information of day, date, time and presence of the witnesses. Muhammad Iqbal and another v. Mukhtar Ahmad through LRs 2008 SCMR 855 and Amjad Ikram v. Mst. Asiya Kausar and 2 others 2015 SCMR 1 ref. Mrs. Khalida Azhar v. Viqar Rustam Bakhshi and others 2018 SCMR 30 rel. (c) Gift--- ----Three…

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