NISAR AHMAD vs MUHAMMAD ANWAR Ss — 2022 MLD 85 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 85 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: NISAR AHMAD vs MUHAMMAD ANWAR 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

NISAR AHMAD VS MUHAMMAD ANWAR Ss.42 & 54---Suit for declaration and injunction---Gift---Marzul Mout---Proof---Respondents/plaintiffs assailed registered gift deed and mutation on the plea that their predecessor-in-interest was suffering from Marzul Mout (Death bed)---Validity---No medical evidence worth the name could be led showing that predecessor-in-interest of respondents/plaintiffs was apprehending imminent death or was suffering from any illness at the relevant time---Doctrine of Marzul Mout could not be invoked by respondents/plaintiffs---After execution of mutations in question, predecessor-in-interest of respondents / plaintiffs remained alive for long time, neither he nor respondents / plaintiffs challenged gift mutations or gift deed during his life time---After the death of predecessor-in-interest, respondents/plaintiffs challenged its validity at a belated stage---Silence of respondents / plaintiffs for a long time, after execution of gift mutation/deed itself reflected that they had knowledge of gift transaction and free will of their predecessor-in-interest---Trial Court rightly held that respondents / plaintiffs were estopped by their own conduct to sue petitioners / defendants, after demise of their father---High Court set aside judgment and decree passed in favour of respondents/plaintiffs by Lower Appellate Court and that of Trial Court was restored---Revision was allowed accordingly. Head Notes

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