| Citation(s) |
|---|
| 2026 SLG 4194 = 2026 SLD 4194 |
C.R No. 360-M/2019
Presented By: (SALAH-UD-DIN) JUDGE
Present: Muhammad Imran Khan, AHC for the petitioner. Mr. Yousaf Ali, AHC for the respondents. Date of hearing: 29.01.2026
Muhammad Zuhrab Khan (Petitioner)
VS
Falak Nawab & 11 others (Respondents)
Law: Code Of Civil Procedure, 1908.
Section: 115
Tagline
“A gift mutation alone creates no title: where Ijab, Qabool, Qabza and the donor’s free and conscious volition are not proved, the gift is void and all subsequent transactions founded upon it fall.”
Summary
The High Court allowed the civil revision under Section 115 CPC and set aside the concurrent judgments of the Trial Court and Appellate Court, holding that they were based on misreading/non-reading of evidence and misinterpretation of law.
Core dispute: The petitioner, a legal heir of Minhaj Khan, challenged Gift/Tamleek Mutation No. 640 dated 15.08.2005, through which a major portion of the deceased's property was allegedly gifted to his other children, and the subsequent Sale Mutation No. 1215 dated 23.07.2014.