Law:

Section:

(a) Gift--- ----Oral gift---Gift mutation---Fraud---Brothers depriving sisters of their share in inheritance---Sons being beneficiaries of the gift mutation were required by law to prove not only the validity of the mutation but more importantly the oral gift which was the basic transaction which was purportedly implemented through the gift mutation in question---In their written statement and the evidence produced before the Trial Court, the defendants (sons) did not mention the date, time, place or names of the witnesses in whose presence the oral gift was made---Defendants were able to produce only one witness, who claimed to be present when the oral gift was allegedly made---Even said witness was not able to disclose the date, time or venue of the oral gift---Said witness in his cross-examination, admitted that at the time of alleged gift mutation the donor was about 80 years old, and that at the time of attestation of the gift mutation no Patidar was present---Three Courts below had concurrently held that the defendants had failed to prove the oral gift---Further even the validity of the mutation could not be proved on account of failure on the part of the defendants to produce the concerned Tehsildar and other revenue functionaries, who were the most material witnesses---Another defence witness categorically admitted in his evidence that the donor continued to own the property till his death. (b) Fraud--- ----No person could be allowed to take benefit of his own fraud. ORDER IJAZ UL AHSAN, JUSTICE:---.--- Through this common judgment, we propose to decide Civil Petition No.157-L of 2020 and Civil Appeal No.6 of 2020 as common questions of law and fact are involved and both these petitions arise out of a common judgment dated 10.12.2019 rendered by the Lahore High Court, Lahore in Civil Revisions Nos.1701 and 2364 of 2015. 2. Civil Appeal No.6 of 2017 has been filed by Imran Ali, etc. assailing the judgment of the Lahore High Court, Lahore dated 10.12.2019 while Civil Petition No.157-L of 2020 has been filed by Muhammad Nawaz, etc. against the said judgment. 3. The petitioners as well as the Appellants herein are aggrieved of a judgment of the Lahore High…

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