Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Transfer of Property Act, 1882

Section: 123,129

Civil Procedure Code, 1908 (V of 1908)-- ----S. 100--Transfer of Property Act, (IV of 1882), Ss. 123 , 129--Regular second appeal--Muhammadan Law--Principles of Muhammadan Law by D.F Mulla has not been properly considered which is not codified law and such principles can only be taken into consideration for convenience--Presenting a gift whether grand or tiny is an act of kindness and compassion, and between parents and children it is somewhat out of love and affection--Revocation, made on pretext of non-handing over of possession, was unlawful--Every suit instituted after period of limitation shall, subject to provision of Sections 4 to 25 of that Act, be dismissed although limitation has not been set up as a defence--Equally a mutation is not a proof of titled and a beneficiary thereunder must prove original transaction--Factum of gift was never in dispute but revocation was defended with plea that possession was not handed over to minor, which plea was not based on correct exposition--If a person make a gift of anything to his relation within prohibited degrees, it is not lawful for him to resume it--No case for interference in impugned is made out. Consequently, this Civil Revision Petition is dismissed--Leave refused. [Pp. 243, 244, 251, 252 , 253] A, B, C, D, E, F, G, H 2016 SCMR 1417; 2003 SCMR 286; PLD 1985 SC 153; PLD 1991 SC 466; 1987 SCMR 1492; PLD 1960 Lahore 130; PLD 1968 SC 54 ref. JUDGMENT Muhammad Ali Mazhar, J.--This Civil Petition for leave to appeal is directed against the judgment passed by learned Single Judge of Lahore High Court, Multan Bench, in Regular Second Appeal No. 18/2004 which was dismissed vide judgment dated 26.03.2018. 2. The ephemeral features of the lawsuit are as under: The deceased Respondent No. 1 instituted a suit for declaration with the plea that his father Makhdoom Haider Bakhsh in the year 1952 gifted him land measuring 859 Kanals 01 Marla, Khewat No. 336, 355 and 364, situated at GhairMusaqilGharbi Tehsil Kot Addu District Muzaffargarh vide Mutation No. 1306, when the plaintiff was five years old and possession was also delivered to his mother namely Iqbal Begum. After death of his father in the year 1992, the…

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