Case Details

Citation(s)
2025 SLG 3274 2025 SLD 3274 = 2025 PLD 339
Supreme Court of Pakistan
Civil Petitions Nos. 552-K of 2021 and 1108-K of 2023, decided on 26th December, 2024. (Against the Judgment dated 06.04.2021 passed by the High Court of Sindh in IInd Appeal No.22 of 2009 and Order dated 17.08.2023 passed by High Court of Sindh in C.P. No.D-3343 of 2023).
Present: Muhammad Ali Mazhar and Syed Hasan Azhar Rizvi, JJ
Ghulam Rasool Mangi, Advocate-on-Record and Muhammad Imran Shamsi, Advocate Supreme Court for Petitioner (in both cases). Nemo for
Respondents Date of hearing: 26th December, 2024.

Syed MASOOD ALI---Petitioner

VERSUS

Mst. FEROZA BEGUM and another---Respondents

Law: Specific Relief Act (I of 1877)

Section: 39,42,54

Law: Constitution of Pakistan, 1973

Section: 199

 

(a)  Islamic Law---

----Gift to wife---Presumption---In case of gift of immovable property by husband to wife, the fact that husband continues to live in the house gifted or receives rents after the date of gift do not invalidate the gift---Presumption is that rents are collected by husband as a rent collector on behalf of the wife and not on his own accord.

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