Law:

Section:

(a) Muhammadan Law-------Gift---Ingredients of valid gift---Gift can be effective only if three ingredients, namely, declaration of gift, acceptance of gift and transfer of possession were proved. (b) Muhammadan Law--- ----Gift---Gift deed executed by illiterate "Pardanasheen" lady ---Validity--­Where gift deed was not read ever and explained to such lady, execution of such deed would not be said to have been consciously executed. Mst. Faridun Nisa v. Munshi Mukhtar Ahmad AIR 1925 PC 204 and Muhammad Nazir v. Muhammad Sarwar 1989 MLD 293 rel. (c) Civil Procedure Code (V of 1908)--- ---S. 115---Inheritance---Concurrent findings---Suit for partition on the basis of inheritance---Respondent/plaintiff filed such suit qua the property left by, the predecessor of patties---Suit was contested by the petitioners/defendants, who relied on "Kabeen Nama" to substantiate that one of the petitioners/defendants was the sole owner of the disputed house--­Petitioners/defendants during the trial failed to prove execution of such document and attempted to oust the respondent/plaintiff from the inheritance---Trial Court decreed the suit and appeal was also dismissed by the Lower Appellate Court---Validity---Findings of both the Courts below were based on proper appreciation of evidence---Both the Courts below had properly exercised jurisdiction vesting in them and there was no material irregularity affecting their jurisdiction---No reason existed to interfere with the concurrent findings of facts of the Courts below---Revision was dismissed in circumstances. Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291 and Sher Muhammad Bashir Ali and others v. Sufi Ghulam Muhayyud Din 1996 SCMR 813 ref. JUDGMENT Mst. Sajida Bibi, respondent No. l filed suit for partition in respect of two houses claiming that house mentioned in relief 'Alif", i.e., house constructed on Plot No.64 situated at Muhallah Sheranwala Gate, Haripur was ownership of Mst. Ashrafun Nisa. On her death the plaintiff being sole daughter inherited half share while 1 /4th share was inherited by Rafique Khan husband of Mst. Ashrafun N,isa (father of respondent No.l) while remaining 1 /4th share devolved upon…

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