Law:

Section:

(a) Muhammadan Law-------"Marz-ul-Maut"---Connotation---"Marz-ul-Maut" is malady which induces apprehension of death in person suffering from it and which eventually would result in his death---Guidelines for settling controversy in regard to Marz-ul-­Maut.---[Words and phrases] 'Marz-ul-Maut' is a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. Controversy in regard to ' Marz-ul-Maut' should be settled in accordance with the following guidelines:-- Whether donor was suffering at the time of gift from a disease which was the immediate cause of his death whether disease was of such a nature as to induce in the person suffering from such disease the belief that death would be caused thereby, or to engender in hint the apprehension of death? Whether illness was such as to incapacitate him from the pursuit of his ordinary avocations---a circumstance which might create in the mind of the sufferer an apprehension of death? Had the illness continued for such length of time as to remove or lessen the apprehension of immediate death or to accustom the sufferer to the malady? Mulla's Muhammadan Law; PLD 1977 SC 28 and PLD 1994 SC 650 rel. Mst. Chanan Bibi and 4 others v. Muhammad Shafi and 3 others PLD 1977 SC 28 and Noor Muhammad Khan and others v. Habibullah Khan and 27 others PLD 1994 SC 650 ref. (b) Muhammadan Law--- ----Gift---Validity---Plaintiff failed to prove his assertion that gift in question, in favour of defendant was made by donor during Marz-ul-Maut---No medical evidence was placed on record from which it could be gathered that donor was suffering from particular disease which had caused in him sense of imminent death and had eventually resulted in his death---Mere fact that donor had died 20 days after making gift was not enough to attract doctrine of Marz-ul-Maut--­Evidence on record clearly indicated that gift in question, was made validly by donor and that he was not suffering from Marz-ul-Maut at the time of execution of gift deed---Evidence having been misread by Courts below, s and decrees in favour of plaintiff were set aside and his suit was dismissed in circumstances.…

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