Law:

Section:

(a) Islamic Law-------Gift---Absence of reasons for making gift---Effect---Sisters having their own children and husbands alleged to have gifted land to mother and ultimately to brother---Denial of gift by sisters---Absence of plea and evidence as to why sisters made such gift---Effect---Such fact made doubtful genuineness of transaction, which on ifs face was void. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 and Barkat Ali through Legal Heirs and others v. Muhammad Ismail through Legal Heirs and others 2002 SCMR 1938 rel. Abdul Mateen and others v. Mst. Mustakhia 2006 SCMR 50; Mst. Phaphan through L.Rs. v. Muhammad Bakhsh and others 2005 SCMR 1278 and Khalil Ahmad v. Abdul Jabbar Khan and others 2005 SCMR 911 distinguished. (b) West Pakistan Land Revenue Act (XVII of 1967)---- ---S. 42---Qanun-e-Shahadat (10 of 1984), Arts.119 & 129(e)---Gift---Mutation of gift incorporated in Jamabandi---Presumption of genuineness---Evidentiary value---In case of denial of gift, despite such presumption, burden would lie upon beneficiary to prove validity of transaction. Abdul Majeed and 6 others v. Muhammad Subhan and 2 others 1999 SCMR 1245 and Fida Hussain through Legal Heirs Muhammad Taqi Khan and others v. Murid Sakina 2004 SCMR 1043 rel. (c) Co-sharer--- ----Suit by co-sharer/co-heir---Limitation---When parties are co-heirs, then limitation would not run against co-heir. Syed Mohtasham-ul-Haq Pirzada for Petitioners. Ch. Abdul Ghani and Ch. Muhammad Hafeez Ahmad for Respondents. Date of hearing: 3rd April, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.--- Admittedly, the last male owner ,of the suit-land, mentioned in the plaint, was Ali Ahmad, who died on 28-9-1984. The suit-land devolved upon his widow Mst. Alam Bibi respondents Nos.2, 5 daughters i.e. the petitioners and respondents Nos.3 and 4 and a son Ramzan i.e. respondent No.1. On 25-4-1990 the petitioners filed a suit against the respondents. According to them, they had inherited the land from their father and while they were married and living in different districts, the respondent No.1 used to look after the land and has been paying them their produce share. One month prior to the suit, he…

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