Law: Muhammadan Law

Section:

  Muhammadan Law --- ---- Gift --- Proof --- Donor, an illiterate villager of 80 years at the time of alleged execution of gift deed --- Proof of execution, in such a case should be consisting of unimpeachable evidence and free from all possible doubts. Muhammadan Law --- ---- Gift --- Immovable property --- Delivery of possession --- Gift of immovable property of which the donor was in actual possession, was not complete unless he physically parted with the said possession and in case the gifted property was in the possession of tenants the gift would be complete only when the donor directed such tenants to attorn to the donee --- Delivery of possession when not necessary. A gift of immovable property, of which the donor is in actual possession is not complete unless he physically parts with the said possession and in case the gifted property is in the possession of tenants the gift would be completed only when the donor directs the said tenants to attorn to the donee. delivery of possession is not necessary where the gift is from a father to his minor child or by a guardian to his ward. In the present case, the land was in possession of tenants who were attorning to the alleged donor and therefore, either physical possession should have been delivered to the donee or the tenants should have been asked by the donor to attorn to the donee. As this had not been done the Courts were justified in holding that the gift in question was incomplete and thus invalid. Ibrahim v. Mst. Wazir Begum PLD 1987 Lah. 1087 distinguished. Muhammad Sarwar Awan for Petitioner Muhammad Sadiq for Respondent. Date of hearing: 7th December, 1992. JUDGMENT This revision petition is directed against the judgment dated 26-6-1988 whereby the learned Additional District Judge-11, Okara dismissed the petitioner's appeal against   the judgment and decree dated 6-3-1988 by virtue of which the learned Civil Judge, Dipalpur had decreed the respondent's suit for declaration and consequential relief. The brief facts which gave rise to the present revision petition are that on 23-12-1985 Taj Din respondent instituted a suit against his daughter Mst. Sardaran Bibi petitioner for a…