Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan, 1973-- ----Art. 185(3)--Gift mutation--Property was gifted by attorney--Non-producing of original power of attorney--Burden to establishment of execution of power of attorney--Non-obtaining of permission regarding of secondary evidence--Deprivation of sublings of their inheritance--Frivolous litigation--Challenge to was not wrongly deprived of land which he stated was gifted to him--Said land was not directly gifted to petitioner by his father, but was stated to have been gifted to him by Muhammad Safdar, who was stated to be Khushi Muhammad’s attorney--Burden to establish that Khushi Muhammad had executed said power of attorney lay upon petitioner and all more so as it was on its basis that gift was made in favour of petitioner--However, original of said power of attorney was not produced nor permission to produce secondary evidence was obtained also gave no reason as to why his father, would execute a power of attorney, nor why he would not appoint anyone from amongst his two sons and three daughters deprived his siblings of their inheritance and managed to do so for about twenty two years compelling an heir to file a suit to claim what was legally theirs then filed a frivolous appeal and followed it with a frivolous revision, which he did not want to get decided--Judgment of Civil Judge is legally sound--It would be highly unfair to keep legal heirs deprived of what they are entitled to, both under law of Pakistan as well as under law of Almighty Allah by permitting petitioner to continue to abuse process of law and unnecessarily procrastinate matters--Petition dismissed. ORDER Qazi Faez Isa, J.- Learned counsel states that a suit was filed by the petitioner’s brother, Muhammad Raffique (Respondent No. 1) challenging the gift Mutation No. 1571 which was attested on 27 November 1997, whereby their father Khushi Muhammad gifted 49 kanals and 13 marlas to the petitioner. In addition to the petitioner and Respondent No. 1, the other legal heirs of Khushi Muhammad were their three sisters (Respondent Nos. 2, 3 and 4). The suit was decreed. The learned counsel submits that appeal against the decision of the learned Civil Judge was…

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