Law:

Section:

(a) Muhammadan Law--Gift---Validity---Donor who had no male issue and was absolute owner of the property, in order to provide security to his wife during his lifetime orally gifted the land to his wife and brother-in-law (brother of wife)--­Mutations were attested in presence of the parties duly identified by Lambardar---Patwari had entered the mutations on the statement of the donor---Delivery of possession of land was also incorporated in the mutation which was admitted by the donor---Validity---Oral gift being permissible sunder Muhammadan Law, donor had validly transferred the property to donees through mutations and gifts made by him were perfectly in accordance with law. (b) West Pakistan Land Revenue Act (XVII of 1967)---- ----S.42(7)---Land Records Manual, R.74(1)---Oral gift ---Mutation--­Sanction of---Announcement of gift, acceptance and delivery of possession was complete---Non-presence of donees---Effect. Rashid Murtaza Qureshi, Advocate Supreme Court with S. Abul Aasim Jafri,. Advocate-on-Record for Petitioners (in both Petitions). Malik Noor Muhammad Awan, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Respondents (in both Petitions). Date of hearing: 22nd November, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---The parties in this litigation had filed their respective suits in relation to the inheritance of one-Chhotey Khan who had, during his lifetime, gifted away his agricultural lands through mutations bearing Nos.225 and 226 sanctioned on 23-1-1984 respectively favouring (1) Buddan Khan (brother of Chhotey Khan's wife Mst. Maryam Bibi) and Mst. Maryam Bibi. The suits filed by Mst. Hajran Bibi and Mst. Saira Bibi (petitioners herein) and Sardar Khan and another, were for Declaration and Injunction and were consolidated before a learned Civil Judge, Jauharabad, District Khushab. 2. The suit of the petitioners against Mst. Maryam Bibi and Buddan Khan was decreed but that of Sardar Khan and others was dismissed vide judgments/decrees, dated 17-10-1990. 3. The parties impugned the judgments Jecrees, dated 17-10-1990 under section 96, C.P.C. before the learned District Judge, Khushab who, vide his consolidated judgment therein, dated…

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