Mst. ANWARI BEGUM vs MUHAMMAD AKRAM S — 2022 MLD 678 LAHORE-HIGH-COURT-LAHORE

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

Mst. ANWARI BEGUM VS MUHAMMAD AKRAM S.42---Suit for declaration---Gift---Scope---Petitioner as well as respondent claimed ownership over the disputed property on the basis of alleged gifts made by their father, registered in favour of petitioner and oraly in favour of respondent---Validity---Petitioner had failed to plead and prove as to when, where and in whose presence the offer was made, which was accepted and there-after possession was delivered, though in such eventuality constructive possession was considered but the same was also lacking in the case---Petitioner could not produce the revenue officials so as to prove that father of the parties had appeared before them and had got the gift deed registered in favour of the petitioner---Respondent, on the other hand, also could not prove as to where the offer was made, which was accepted and possession was delivered to the respondent, because in such like cases of oral gift or agreements, unimpeachable, cogent, confidence inspiring and reliable evidence was required to be produced---Respondent while recording his statement in the court had got recorded his age as 45 years, meaning thereby that at the time of alleged gift in the year 1978, he was aged about 12 years, but during cross-examination he claimed his age at that time as 24/25 years, which was sufficient to declare him a liar and not trustworthy---Courts below had misread and non-read the evidence on record and had committed material illegalities and irregularities while passing the decree in favour of respondent declaring him to be owner in possession of the disputed property on the basis of oral gift---Revision petition was allowed, property was reverted back to the deceased father of the parties and had to be devolved upon the parties according to their shares in accordance with law.

Mst. ANWARI BEGUM vs MUHAMMAD AKRAM S — 2022 MLD 678 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 MLD