Law:

Section:

Islamic law--- ----Oral gift--- Proof--- Concurrent findings by two courts below---Plaintiffs claimed that property in question was transferred to them by oral gift but Trial Court and Lower Appellate Court dismissed suit of plaintiffs---Validity---Oral gift could be made by a Muslim but such transaction was required to be proved through high standard of evidence---Essential details with regard to venue, time, date and names of witnesses to when, where and before whom declaration of oral gift was made should be specifically detailed in plaint---Plaintiff not only failed to mention date of such event rather failed to recall his memory when specifically asked during cross-examination---Offer so extended was not accepted by plaintiff and he failed to establish one of the basic ingredients of his purported transaction---Other damaging feature was that alleged fact being purely an event involving future obligation could only be proved by examination of at least two witnesses as required by law---Despite nominating such number of persons before whom it affected, one out of them was deliberately withheld and only single witness in corroboration was produced which was not enough to comply with mandatory requirement of law---Sole supporting witness not only gave different time of transaction which was disclosed in contents of plaint, rather he also admitted that possession was not delivered to plaintiff---Plaintiff failed to prove his alleged transaction as such suit was rightly dismissed by courts---High Court declined to interfere in concurrent findings by two courts below as plaintiff could not point out any illegality or irregularity, non-reading or misreading of evidence---Plaintiff also could not point out any jurisdictional defect to call for interference by court in exercise of revisional jurisdiction scope of which was restricted only to correct errors of laws and facts, if were found to be committed by courts below in discharge of their judicial functions---Revision was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE:---.--- The concurrent decrees of the two Courts below are the subject matter of Civil Revision in…

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