Law:

Section:

Islamic Law-----Gifts---Registered gift-deed---Proof---Possession of suit property was with defendants---Predecessor-in-interest of parties had gifted the suit property to the defendants out of his free-will before his death --- Factum of gift had been supported by the evidence of scribe, marginal witnesses and Sub-Registrar, who registered the disputed gift-deed---All the legal formalities were undertaken before registering the gift-deed---Two Courts below after evaluating the evidence upheld the factum of gift which had been maintained by High Court---Validity---Plaintiffs failed to point out any legal infirmity or misreading in the passed by the Courts below warranting interference by Supreme Court---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.---------Leave to appeal is sought against the order, dated 9-9-1999 passed by a learned Single Judge of the Lahore High Court, Lahore whereby Civil Revisions No.1355 and 1356 of 1999 filed by the petitioners were dismissed. Briefly stated facts of the case are that Muhammad Sadiq etc. filed a declaratory suit taking exception to the registered gift-deed in favour of the respondents whereby late Munshi Ghulam Haider, predecessor-in-interest of the parties, gifted agricultural land measuring 32 Kanals in favour of respondents Nos.1 and 2. Another suit for permanent injunction was filed by the respondents to the effect that they are owners in possession of the disputed land being gifted by their father and the petitioners/defendants Muhammad Sadiq etc. be restrained from interfering in their possession. Both the suits were consolidated, out of contradictory pleadings of the parties issues were framed, parties led their evidence and the learned Civil Judge 1st Class, Toba Tek Singh, through his judgment, dated 31-3-1995 dismissed the suit of the petitioners and decreed that of the respondents. The petitioners filed two…

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