Case Details

Citation(s)
2002 SLG 2043 2002 SLD 2043 2002 CLC 1865
Lahore High Court
Regular First Appeals Nos. 157 of 1993 and 580 of 1999, heard on 17-01-2002
CH. IJAZ AHMED AND MIAN SAQIB NISAR, JJ
Ch. Ghulam Hussain for Appellants. Masud Abid and Ch. Abdul Hafeez for
Respondents

MUHAMMAD SARWAR and 3 others

VS

JAHANGIR AHMAD and 5 others

Law:

Section:

(a) Islamic law-------Gift---Gift of property---Plaintiffs had claimed that defendant/alleges donor vide oral gift had gifted away suit property in their favour for services rendered by them to donor being his nephews by way of lookinj after him who was issueless and was about 85 years of age---No written document was on record with regard to alleged gift except acknowledgment of gift---Record had not proved that the factum of gift was given effect to by any official Department of the State and no entry of said gift was found in Revenue Record---Validity---For a valid gift, three factors must be established; firstly offer by donor; secondly acceptance by donee and thirdly delivery of possession---Delivery of possession under gift which was sine qua non for a valid gift, had not been established---Plaintiffs having failed to bring on record any confidence-inspiring oral or documentary, evidence in proof of their claim, their suit was rightly dismissed by Trial Court. (b) Transfer of Property Act (IV of 1882)--- ----Ss. 122 & 123---Gift, validity of---Essentials---For a valid gift, three factors must be established; firstly offer by donor; secondly acceptance by donee and thirdly delivery of possession of gifted property. JUDGMENT MIAN SAQIB NISAR, J.--- The present appeal as also R.F.A. No.580 of 1999, are being disposed of together, as both involve common question of law and facts. 2. Both the appeals are directed against the consolidated judgment and decrees, dated 27-4-1993, passed by the learned trial Court, whereby the suit for declaration filed by the appellants was dismissed, while the suit for specific performance- of respondents Nos. l to 4 was decreed. 3. Brief facts of the case are that, on 13-5-1987, appellants filed a suit for declaration stating that Noor Muhammad respondent No.6, vide oral gift dated 30-1-1987, had gifted the suit property in their favour for the service rendered to Noor Muhammad by way of looking after him, etc. Noor Muhammad was issueless and was about 85 years of age an acknowledgement of gift dated 9-3-1987, was also executed by Noor Muhammad, in their favour and possession was also delivered to them, thus…
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