Law:

Section:

Islamic Law-------Gift---Validity---Gifts in question were made by father in favour of his four sons excluding the three daughters---Daughters, in their suit for declaration impugned the gift mutations on ground that their father being old and infirm had not made any gift---Suit was decreed but appellate Court reversed the finding disregarding the material fact that one of brothers who was also a beneficiary of gift mutations, had testified the desire of his deceased father to distribute entire land to all children in accordance with Islamic law---Said brother deposed that impugned mutation was entered in his absence and such testimony belied the report appearing in mutation which showed his presence at the time impugned mutation was sanctioned---Concerned Patwari was not produced and report of Patwari did not indicate as to when donor gave intimation of oral gifts to Patwari---Witness of mutation confirmed the old age and infirmity of donor but he showed his lack of knowledge about deprivation of donor's daughters from their share inheritance---Absence of such explanation as to why such brother received less than his other brothers lent credence to contention of daughters that gifts were not recorded in accordance with any declaration made by their father---Appellate decree being result of non-reading and misreading of evidence same was set aside by High Court. Rabnawaz Khan Niazi for Petitioners. Allah Wasaya Malik for Respondents Nos.1 to 3. Hashim Niazi for Respondent No.4. Date of hearing: 20th February, 2006. JUDGMENT JAWWAD S. KHAWAJA, J.---The petitioners and the respondents are the sons and daughters of Allah Dad Khan deceased. Through two Mutations bearing Nos.1621 dated 16-9-1992 and 1746 dated 15-12-1992, Allah Dad Khan purportedly gifted his entire agricultural land to respondents Nos.1 to 4, who are his sons. Allah Dad Khan died on 1-8-1998. 2. The petitioners, who are the daughters of Allah Dad Khan, impugns the aforesaid mutations on the ground that their father, being old and infirm, had not made any gift and also that he was under the influence of respondent No.1 According to the petitioners, they have illegally been excluded from inheritance…

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