| Citation(s) |
|---|
| 1995 SLG 634 1995 SLD 634 1995 SCMR 565 |
Supreme Court of Pakistan
Civil Petition No. 962 L of 1993, decision dated: 13-12-1994
FAZAL ILAHI KHAN AND FAZAL KARIM, JJ
Shaukat Ali Mehr, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate on-Record. Asif Ahmad Khan Khosa, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate on-Record
Civil Petition No. 962 L of 1993, decision dated: 13-12-1994
FAZAL ILAHI KHAN AND FAZAL KARIM, JJ
Shaukat Ali Mehr, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate on-Record. Asif Ahmad Khan Khosa, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate on-Record
SULEMAN
VS
NAZAR MUHAMMAD
Law:
Section:
Muhammadan Law Gift Concurrent findings of all the three Courts below on the factum of gift were fully supported by evidence on record Donee was recorded in possession of land in question, after attestation for gift mutation in his own right, which had not been rebutted in evidence Gift completed by delivery of possession could not be challenged even if it was proved that donor did take possession by force either before institution of suit or during pendency of suit. ORDER FAZAL ILAHI KHAN, J. Gift Mutations Nos. 2798 and 2791 attested on 13 6 1969 and 11 1 1979, respectively, on behalf of the petitioner in favour of the respondent were challenged in civil suit to be fraudulent and ineffective on his rights. Prayer was also made for permanent injunction restraining the respondent from interference with his possession. 2. This suit was instituted on 25 4 1972. Respondent contested the suit and after framing of issues and recording evidence of the parties the learned trial Judge dismissed the plaintiff's suit. The learned District Judge reappraised the entire evidence and affirmed the finding of the learned trial Judge. Such finding was also maintained in revision petition by the learned High Court. 3. We have heard the learned counsel and perused the record. 4. It appears from the evidence on record that petitioner's daughter was married to respondent and the gift mutation was attested when hisβ¦
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