Case Details

Citation(s)
1995 SLG 658 1995 SLD 658 1995 SCMR 710
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1179 L of 1992, decision dated: 18-01-1994.On appeal from the judgment of Lahore High Court, Lahore, DATE 17 10 1992 passed in Civil Revision No. 643 D of 1986
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ
C.R. Aslam, Advocate instructed by S. Abid Nawaz, Advocate on-Record. Muhammad Aslam Qureshi, Advocate instructed by S. Abul Aasim Jaferi, Advocate on-Record

MUHAMMAD SADIO

VS

SARDAR and others

Law:

Section:

Muhammadan Law Gift Validity Plaintiff's admission on the factum of gift proved necessary ingredients of the gift in question; of declaration; of delivery of possession; and acceptance by the donee Reliance on Khasra Girdawari for bringing out continued possession of donor after such admission would not be of avail, for even if cultivation had not changed, constructive possession would be deemed to have been transferred Mutation of gift had been incorporated in Jamabandi, thus, raising initial presumption of title in favour of donee Leave to appeal was refused in circumstances. ORDER SHAFIUR RAHMAN, J. The petitioner who was the plaintiff seeks leave to appeal against the judgment of the Lahore High Court dated 17 10 1992. 2. A gift mutation on behalf of the petitioner was attested in favour of his brother the defendant (respondent No.1) on 18 10 1969. The gift as well as the attestation of mutation was challenged by the petitioner by way of a civil suit on 13 1 1982. The suit was contested. It was decreed by the trial Court. On appeal the Appellate Court held that the suit was time barred and that the attestation of the mutation was correct and the gift thereunder was complete. The High Court in revision has maintained the…
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