Law:

Section:

(a) Muhammadan Law--- ----Gift---Proof---Conduct of donor---Father, after gifting property in question to his minor children was managing affairs of such property in his capacity as guardian .of donees---Photostat of various tenancy agreements executed between donor and tenants of gifted property during last fourteen years showed that such agreements were executed by the donor on behalf of donees as their guardian---Rent receipts of property in question also showed that donor issued receipts to various tenants on behalf of donees---Donor in his petition before High Court acted as guard;3n of donees in respect of gifted property---Such documentary evidence prima facie, supported donees' contention that property in question, was gifted in their favour by donor. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment application---Locus standi to file---"Landlord" as defined in the Ordinance is entitled to file application for ejectment of tenants and it is not necessary that such application should be filed by the owner of premises. (c) Civil Procedure Code (V of 1908)--- ----O.XL, R. 1---Appointment of receiver in respect of gifted property--­Validity---Where documentary evidence produced by donees supported their claim that property in question, had been gifted to them, there was no room for appointment of receiver of such property during the pendency of suit, notwithstanding the fact that plaintiffs viz. other heirs of -donor, had challenged genuineness of such gift. (d) Civil Procedure Code ( V of 19(18)--- ----O.XL, R. 1---Gifted property---Appointment of receiver---Order of appointment of receiver also related to property which had been gifted in favour of donees/defendants---Gift in favour of donees prima facie, having been established through documentary evidence, order of appointment of receiver was modified excluding from it gifted property. JUDGMENT SAEEDUZZAMAN SIDDIQUI, CJ.---This appeal under section 3 of the Law Reforms Ordinance is filed by the appellants/defendants against the order of the learned Judge in Chambers dated 18-2-1991, passed .on an application under Order 40, Rule 1, C.P.C. filed by the respondents in a pending…

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