Mst. GHULAM FATIMA, (DECEASED) vs MUHAMMAD KHAN Ss — 2022 MLD 1501 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1501 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: Mst. GHULAM FATIMA, (DECEASED) vs MUHAMMAD KHAN Ss
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. GHULAM FATIMA, (DECEASED) VS MUHAMMAD KHAN Ss.42 & 54---Suit for declaration and injunction---Limitation---Gift---Mutation---Proof---Concurrent findings of facts by two Courts below---Misreading and non-reading of evidence---Petitioner / plaintiff assailed gift mutation on the plea of fraud and misrepresentation---Trial Court and Lower Appellate Court concurrently dismissed suit and appeal filed by petitioner / plaintiff--- Validity--- Both witnesses of gift did not state about fulfillment of third ingredient of gift i.e. delivery of possession of suit property by donor to donees---Respondents / defendants (donees) were beneficiaries who failed to prove factum of disputed gift and gift mutation which was not sustainable under the law--- Each entry in revenue record had given fresh cause of action to aggrieved person---Adverse entries in revenue record, even if allowed, but remained unchallenged, did not have effect of extinguishing rights of a party against whom such entries had been made---Any transaction of document which was result of fraud or misrepresentation could neither be perpetuated nor protected on the ground of expiry of period of limitation, whenever such transaction was assailed in Court of law---High Court set aside judgments and decrees passed by two Courts below as the same suffered from mis-reading and nonreading of evidence---High Court decreed the suit filed by petitioner / plaintiff and cancelled mutation in question as the same was result of fraud and misrepresentation---Revision was allowed, in circumstances.

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