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Mst. NAHEED SHAHID vs MUHAMMAD TARIQ O — 2022 CLC 513 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 513 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
Mst. NAHEED SHAHID vs MUHAMMAD TARIQ O
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. NAHEED SHAHID VS MUHAMMAD TARIQ O.XXXIX, Rr. 1 & 2---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118---Gift deed---Allegation of forgery---Suit for declaration, cancellation, partition, mesne profit and permanent injunction---Application for temporary injunction was rejected by Trial Court---Appeal was dismissed---Held, that question of limitation being a mixed question of fact and law would be determined by the Trial Court after recording evidence at the time of final adjudication---In case of denial by plaintiff in witness box, onus would be on respondent to prove gift deed coupled with the circumstances warranting exclusion of the petitioners from inheritance---Beneficiary was under legal obligation to prove the validity of the transaction particularly where females had been deprived from their legitimate rights of inheritance through gift deed---Petitioners would suffer irreparable loss if disputed property was further transferred by respondent and in such eventuality they would face inconvenience for multiplicity of litigation---Arguable case, apprehension of irreparable loss and balance of inconvenience existed in favour of the petitioner---Revision petition was accepted accordingly.

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