| Citation(s) |
|---|
| 2025 SLG 4380 2025 SLD 4380 = 2025 SCP 366 = 2026 SCMR 929 |
Civil Appeal No. 8-K of 2020 [On appeal from the judgment dated 12.12.2019 of the High Court of Sindh at Karachi passed in HCA No.206 of 2016]
Mr. Justice Yahya Afridi, CJ Mr. Justice Muhammad Shafi Siddiqui Mr. Justice Ishtiaq Ibrahim
Ghulam Asghar Khan. … Appellant
VERSUS
Muhammad Arif Khan and others. … Respondents
Law: Qanun-e-Shahadat Order, 1984
Section: 102, 103
Law: Constitution of Pakistan, 1973
Section: 185(2)
Law: Code Of Civil Procedure, 1908.
Section: 16
Summary
The court allowed the appeal, holding that respondent No.1 had executed an oral gift in favor of the appellant for 50% of the disputed property, which was initially mutated in the appellant’s name but unlawfully withdrawn without notice. The subsequent registered gift by respondent No.1 to his wife was invalid to the extent of the appellant’s share, and the mutation in favor of the appellant was restored.
Core Points
- The appellant claimed 50% ownership based on an oral gift dated 05.01.1984 and a declaration dated 21.05.1986.
- Mutation entries in the appellant’s favor were initially recorded by Pakistan Defence Officers Housing Authority and Military Estate Office.
- Respondent No.1 later registered a gift deed transferring the same share to his wife in 1989.
- Original documents were mortgaged by the appellant, and title deeds were never given to respondent No.2.
- One attesting witness turned hostile but admitted signing the oral gift document.
- Denial by respondent No.1 of the oral gift was not decisive; circumstantial and documentary evidence supported the appellant.
- The mutation in appellant’s favor was unlawfully withdrawn on 10.06.1998 without notice to the appellant.
- The appeal restored the single judge's decree declaring the appellant as 50% owner and invalidating the mutation recall.
Law and Section Table
| Law | Section(s) | Citation / Provision |
|---|---|---|
| Qanun-e-Shahadat Order, 1984 | Articles 102, 103 | Regarding hostile witness evidence and signatures |
| Constitution of Pakistan | Article 185(2) | Appeal jurisdiction of High Court |
| CPC (Code of Civil Procedure) | Order 16 Rule 3 | Procedure for summoning witnesses |
JUDGMENT
Muhammad Shafi Siddiqui, J. The present dispute is in relation to an Oral Gift, said to have been executed by respondent No.1 (as owner) in favour of appellant to the extent of 50% of the subject property. The appellant being aggrieved of a subsequent Gift Deed (yet again) executed by the respondent No.1 in favour of his wife, and on account of revocation of an earlier oral gift followed by recalling of the mutation in favour of appellant to the extent of 50% share in the aforesaid property brought the suit for adjudication.