Law:

Section:

(a) Islamic Law------Gift---Kinds---Gift of corpus or only of usufruct of property---Determination---Islamic Law recognized both such gifts---Determination of question, whether gift was of corpus or only of usufruct of property, would depend upon facts of each case to be inferred from relevant evidence after discovering real intention of donor, but no hard and fast rule could be laid down for said purpose---Where gift was found to be of corpus of property, then any condition attached to such gift would be illegal, while gift itself would be perfectly valid---Mere fact that gift was " " or " " would not be sufficient by itself to hold that gift was only of unsufruct and not of corpus. Nawazish Ali Khan v. Ali Raza Khan AIR (35) 1948 PC 134; Mst. Bibi Alam Taj and others v. Mst. Inayat Begum PLD 1963 (W.P.) Pesh. 199; Fateh Muhammad v. Nathu 1982 CLC 2082; Farid (represented by Heir) v. Mst. Nur Bibi PLD 1970 Lah. 502; Said Akbar and others v. Mst. Kakai PLD 1975 SC 37; Ch. Zahur Ilahi, M.N.A. v. Mr. Zulfikar Ali Bhutto and 2 others PLD 1975 SC 383; Mst. Kaneez Bibi and another v. Sher Muhammad and 2 others PLD 1991 SC 466; Abdul Hameed and 23 others v. Muhammad Mohiyuddin Siddique Raja and 3 others PLD 1997 SC 730 and Mst. Samia Naz and others v. Sheikh Pervaiz Afzal and others 2002 SCMR 164 rel. (b) Islamic Law--- ----Gift of corpus or only of usufruct of land---Proof---Gift of land by father in favour of his unmarried daughter with the condition that such gift would last till her death; that she would be entitled only to Paidawar (usufruct) of land; and that after her death land would revert to sons of donor---Held: Donor had not gifted corpus in land to donee, but had gifted her usufruct of land for her life time as she was unmarried. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Gift---Nature---Revision by High Court---Scope---Concurrent finding of facts arrived at by two Courts below to the effect that gift was of usufruct and not of corpus---High Court set aside such findings without discussing relevant evidence and offering any reason for reaching a different…

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