Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)---S. 42---Mutation of registered gifted-deed---Validity---When donor had got the gift-deed registered and the same being the main transaction, subsequent entry of attestation of mutation was a mere formality for incorporation of registered deed in the Revenue Record. (b) Islamic Law--- ----Gift---Transfer of possession in favour of wife---Proof---Gift-deed was assailed by plaintiff on the grounds of fraud ---Donees produced scribe of the registered gift-deed and two marginal witnesses who had completely proved the gift transaction-- -Trial Court dismissed the suit and Appellate Court as well as High Court maintained the and decree passed by Trial Court---Plea raised by the plaintiff was that at the time of gift no possession was delivered to the wife and hence the necessary ingredient of gift was missing---Validity---Three Courts below had rightly determined the validity of gift-deed---In case of gift to wife or to ward, the delivery of possession was immaterial---Plea raised by the plaintiff was repelled by Supreme Court. (c) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---Administration of justice---Concurrent findings of fact by the Courts below---Question of fact---Determination---Validity---Supreme Court was though not bound to go into question of fact because three Courts below had concurrently determined the same in favour of the respondents, yet the exercise was done in the present case, in the interest of justice. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.------One Feroze Khan son of Sardar Khan was allegedly owner of 21 Kanals 13 Marlas in Chak No.283/JB, Tehsil Gojra, District Toba Tek Singh. On the basis of registered deed attested on 24-5-1989, he gifted away his property in favour of his wife Mst. Maqsooda Begum. Mutation No.337 was also entered and attested on 15-6-1991 on the strength of the aforesaid registered deed. Feroze Khan died on 5-5-1991 while Mst. Maqsooda also died on 3-6-1991. 2. The donor Feroze Khan had a nephew named Riaz Ullah Khan who, on 23-1-1992 filed a suit against the legal heirs of the donee…

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