Mst. NARGIS BEGUM vs ASFANDIAR S — 2021 YLRN 101 PESHAWAR-HIGH-COURT

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Mst. NARGIS BEGUM VS ASFANDIAR S. 5, Sched.---Suit for recovery of properties filed by the wife against husband and his family---Gift, proof of---Cognovit---Scope---Suit-property (house and agricultural land) was allegedly gifted to plaintiff's husband (one of the defendants), who transferred the same to his wife/plaintiff---Cognovit (consenting written-statement) was filed by the husband---Suit-property was still in the name of plaintiff's husband and his other family members---Family Court held the plaintiff entitled for the recovery to the extent of share of her husband only---Petitioner/plaintiff contended that her husband (defendant) was owner of disputed properties who had transferred the same in her favour on the basis of gift-deeds---Record revealed that contesting defendants/respondents had taken two objections with respect to petitioner's claim in question: firstly, that house-in-question was primarily in the ownership of the predecessor-in-interest of father-in-law of the petitioner, on whose death the same was devolved upon legal-heirs, whereas petitioner's mother-in-law had never been owner of house-in-question; secondly, the mother-in-law of petitioner had inherited disputed agricultural land whose possession remained under petitioner's father-in-law before and after death of mother-in-law; and she had never gifted the suit-property to her son (husband of the petitioner) through gift-deeds exhibited by the petitioner---When the alleged gift was denied by the contesting respondents, the onus was upon the petitioner to prove the validity, correctness, and genuineness of the deeds as alleged by her---Petitioner had not placed on record any evidence as to whether her husband had become the owner on the basis of alleged gift-deed; it was to be proved by the petitioner that her mother-in-law, being the owner of the house, had transferred her share through gift in favour of her husband-respondent---Entire evidence produced by the petitioner was silent with respect to proprietorship/title of house-in-question---Contents of alleged/exhibited gift-deed showed the disputed house to have been constructed in abadi-deh, description of which was properly given in the said deed---In order to prove the ownership of disputed house, neither any documentary nor oral evidence was ever produced by the petitioner to her claim---Revenue record showed that petitioner's mother-in-law had become the owner of property, but factum of gift by her in favour of petitioner's husband was requiring concrete, tangible and solid proof---Both the gift-deeds were required to be proved by the petitioner but she deposed in her cross-examination that besides her the said deeds were signed by her husband, whereas her brother deposed in cross-examination that he, his father and petitioner signed the said deeds---Intriguing aspect of the matter while exploring the deed led to the conclusion that none of the said deeds was signed by the petitioner---One gift-deed was allegedly thumb-pressed by the executor (petitioner's mother-in-law) while other gift-deed was executed by the husband/ respondent, both having same two marginal witnesses---One of said marginal witnesses appeared as witness but failed, like petitioner, to prove the validity of gift---Constitutional petition was dismissed in limine, in circumstances.

Mst. NARGIS BEGUM vs ASFANDIAR S — 2021 YLRN 101 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported