Case Details

Citation(s)
1989 SLG 1566 1989 SLD 1566 1989 SCMR 1239
Supreme Court of Pakistan
Civil Petition No. 717 of 1985, decision dated: 28-03-1989
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ

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AMI CHAND

VS

FAJROO

Law: Constitution of Pakistan, 1973

Section: 185(3)

Gift--Constitution of Pakistan (1973), Art. 185(3)--Contention of petitioner that he had not made any gift in favour of respondent and that latter's name had been added in the mutation through fraud and misrepresentation--Petitioner in support of his contention stated that High Court as well as the subordinate Courts failed to notice a material circumstance that there was no reason at all why petitioner should have made any gift in favour of respondent and that the area given to him should be 5 times more than that gifted to his own daughters and even if there was a gift, it remained inchoate on account of non-delivery of possession--Leave to appeal was granted as contentions raised needed examination. Syed Zainul Abidin, Advocate Supreme Court and Tanvir Ahmad Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 28th March. 1989. ORDER SAAD SAOOD JAN, J.--The petitioner was owner of 164 kanals and 4 marlas of land in Mahal Nainwal Jagir of Tehsil Kasur. On 28-10-66, a mutation of gift on his behalf was attested in favour of his 3 daughters and Fajroo. respondent. It may be mentioned that Fajroo was the son of his late wife's brother. Under the gift 5/6th share in the land was given to Fajroo while 1/6th share therein was given to his daughters. On 24-7-77, the petitioner filed a suit for a declaration that he had not made…
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