Case Details

Citation(s)
1981 SLG 3360 = 1981 SLD 3360 = 1981 CLC 962
Lahore High Court
Regular Second Appeal No. 45 of 1966, decided on 30th April, 1980.
Presented By: Khurshid Ahmad, J
Khalilur Rehman Khan for Appellants. Ch. Mohammad Anwar Butter for
Respondent.

Mst. HUSSAIN BIBI, ETC.-Appellants

VERSUS

Mst. AISHA BIBI-Respondent

Law: Contract Act (IX of 1872)

Section: 16

Law: Limitation Act (IX of 1908)

Section: 191

(a) Muhammadan Law Gift-Undue influence - Donor 102 years of age having mental capacity affected on account of old age, physically infirm, and living-with grand daughters (appellants)-Donor concealing in gift deed fact of having another daughter-Grand daughters in circumstances being in a position to dominate will of donor, gift deed held, obtained by exerting undue influence on donor and invalid.----Contract Act (IX of 1872), S. 16. (b) Muhammadan Law Gift-Disposal of property by gift-rowers of Muslim, in such regard unfettered-Gift not invalidated only because of depriving heirs of their shares-Deliberate attempt having been made to show donor having no daughter and such fact having been used as evidence of undue influence, gift held, could be…
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