Law:

Section:

(a) Muhammadan Law--Gift--Recital in a letter "I have ordered you can have all the house and everything in it" does not contain any of the ingredients necessary for effecting a valid gift--Plea that by such recital the house had been gifted to the addressee of the letter is totally misconceived and cannot possibly be accepted. (b) Muhammadan Law-- ---Inheritance--Mere fact that the owner of the property is living in Dar-ul-Harab while heirs are living in Dar-ul-Islam does not have the effect of depriving the heirs from inheriting the property of their predecessor-in-interest if both the parties are believers--Such heirs are not prevented from inheriting the property. (c) Civil Procedure Code (V of 1908)-- ---S.96--Appeal--Question not put in contest in suit between parties and no issue thereon was framed by the Trial Court--Appellate Supreme Court was not obliged to go into such question. Ch. Khalil-ur-Rehman, Senior Advocate Supreme Court, Amir Alam Khan, Advocate Supreme Court and M. Aslam Chaudhry for Petitioner. Riaz Anwar, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondents. Date of hearing: 22nd November, 1988. ORDER NASIM HASAN SHAH, J.--This is a petition for leave to appeal against the judgment and decree dated 8-6-88 passed by a Division Bench of the Lahore High Court in R.FA. No.63 of 1984. The relevant facts briefly are as follow: Bungalow No.23-Aikman Road, Lahore, was purchased by Mst. Mehar Bano Begum widow of the late Nawab Outab-ud-Din of Mamdot in the year 1942. and she started living therein. According to the petitioner he was the adopted son of the Mamdot Family (i.e. Nawab and Begum both) and at the relevant time was serving in Royal Indian Navy. After the establishment of Pakistan, the petitioner on the request of Mst. Mehar Bano Begum came to Pakistan in May, 1951 and started living in the said house. In fact, according to the petitioner, the Begum had intimated to the petitioner by way of a letter that she had already ordered her servants that the petitioner can have the whole house and everything in it excepting one room, the key of which she has taken along with her to Karachi, and had further asked…

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