Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Civil Procedure Code (V of 1908) S. 100-Muhammadan Law---Gift by pardanashin lady-Appellant admittedly an illiterate woman residing with respondent along with her children after death of her husband occurring six years before institution of suit-Appellant living with respondent even at time of making gift and continuing as such for quite sometime, after her second marriage-None of persons present at time of mak ing gift by appellant stated to be interested in her welfare and appel lant having no opportunity to seek friendly advice before mak ing gift of land in favour of respondents-Appellant not deriving any benefit out of gift and possibly motivated by natural love and affection to transfer land in favour of respondents, her daughters Transaction, held, not free from circumstances throwing doubt and suspicion on factum of gift and conveyance of land by way of gift. --[Gift-Muhammadan Law]. Suleman Khan v. Makhmal Jan P L D 1974 Azad J & K 106 ; Nur Muhammad v. Karim Bibi P L D 1959 Lah. 932 and Bibi Mukhtiar v. Amrezan P L D 1968 Pesh. 169 ref. (b) Civil Procedure Code (V of 1908) S. 100-Muhammadan Law--Gift by pardanishin lady-Entries in famanbandi-Entries injamabandi consequential to gift held no more than attestation of a deed of gift by Registrar acting under Registration Act--Attestation even if established qua a pardanshin lady entries not operative to confer sanctity of gift if not shown to have been made in accordance with requirements of law governing gift by pardanashin ladies.-[Gift]. (c) Civil Procedure Code (V of 1908) S. 100-Suit-Collusive proceedings-Husband of appellant admittedly not a party to suit or any previous proceedings describ ed as being collusive-Nothing on record to show any collusive proceedings having taken place-Suit even if assumed to be brought under advice of somebody, such fact not to have effect of converting suit into collusive proceedings-Every citizen, possessed of right to seek advice from well wishers and such advice, held, cannot have effect of converting suit into collusive proceedings. Keramat Ali v. Muhammad Yunus P L D 1963 S C 191; Ahmad Din v. Muhammad Shafi P L D 1971 S C 762; Syed Akhlaque Hussain v.…