Law: Civil Procedure Code, 1908

Section: 100

Law: Transfer of Property Act, 1882

Section: 123

Law: Registration Act (1908)

Section: 17

Law: Qanun-e-Shahadat Order, 1984

Section: 84

Law: West Pakistan Land Revenue Act, 1967

Section: 161

Summary

The Second Appeal challenges an appellate court judgment that set aside a trial court decree favoring the appellant (a female landowner) in a suit regarding the ownership and validity of allegedly gifted agricultural land. The appellant claimed ownership based on a gift from her father and challenged a forged gift statement executed fraudulently by respondents in collusion with revenue officials. The trial court found the gift deed was forged and decreed in favor of the appellant. The appellate court remanded the case for framing additional issues. Upon review, the High Court held that:

• The trial court’s decision was legally sound and based on a careful evaluation of evidence, specifically the forgery of the gift document.
• Fraud vitiates transactions and limitation does not run against fraud, especially in inheritance/female ownership cases.
• The gift deed was not registered as required under the Transfer of Property Act.
• Possession of the property remained with the appellant.
• Civil courts have jurisdiction over fraudulent transactions involving immovable property—even when revenue matters are concerned.
• The appellate court’s remand was based on procedural grounds and not any substantial error.
• Hence, the second appeal is allowed, upholding the trial court’s decision and rejecting the respondents’ claim.

Core Points

Applicable Laws and Sections