Case Details

Citation(s)
2010 SLG 2376 2010 SLD 2376 2010 CLC 1861
Peshawar High Court

LIAQUAT ALI SHAH AND MAZHAR ALAM KHAN MIANKHEL, JJ
Iltaf Ahmad for Appellant. Jehanzeb Muhammad Zai for
Respondents

Mst. NASEEM

VS

Mst. SHEHLA DURRANI and 2 others

Law:

Section:

(a) Registration Act (XVI of 1908)--- ---S.60---Qanun-e-Shahadat (10 of 1984), Arts. 85(2) & 129 (e)---Registered deed---Evidentiary value---Such deed would be binding on parties thereto and third party---Strong evidence would be required to cast aspersion on its genuineness---Principles. Under the law, registered deed has got a basic presumption of its correctness, unless that is rebutted. The registered deed under the law carries validity of correctness and strong evidence is required to cast aspersion on its genuineness. Such document is not only binding on the parties in the document, but equally applicable to a third party. Especially when execution of a registered deed is not denied, then the formal proof of execution of the registered deed is not required under the law. Mere its production in the case would legally be sufficient. Mere allegations to rebut a registered document, execution of which is not denied, would in no way be sufficient. (b) Islamic Law--- ----Gift through registered deed---Execution of such deed and its registration not denied by parties-Effect-Such admission would be sufficient proof of its offer by donor and its acceptance by donee. (c) Islamic Law--- ----Gift of a portion in joint property---Delivery of physical possession to donee not possible without partition of property---Effect---Constructive possession in such circumstances would be sufficient to validate such gift---Where actual possession could not be delivered by donor to donee and donor had done all that what he was required to do to divest himself of gifted property, then gift would be considered to be complete and effective---Principles. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---This single judgment of mine, will dispose of two Appeals R.F.A. No.70 of 2002 and R.F.A. No. 82 of 2002 arising out of same judgment and between the same parties. 2. Dispute involved between the parties is with regard to partition of 2 Kanals of land out of 7 Kanals, 10 Marlas comprising of Khasra Nos. 5124, 5127 and 5128 owned by the plaintiff/respondent No.1 on the strength of a registered gift Deed No. 192 dated 28-1-1976 transferred in her name at the time of her marriage with…
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