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Mst. ZARSHEDA vs NOBAT KHAN Ss — 2022 PLD 21 SUPREME-COURT

Case information

Citation
2022 PLD 21 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
Mst. ZARSHEDA vs NOBAT 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. ZARSHEDA VS NOBAT KHAN Ss. 2(d) & 5---Right of pre-emption---Scope---alleged gift of suit property---Failure to prove factum of gift---Gist of evidence showed that defendant/vendee failed to establish the factum of gift---attorney of the defendant appeared as a witness, who deposed that the property was gifted by vendor to the defendant, however, during his cross examination, he deposed that vendor was present in his village but he could not produce any witness of the gift---Neither the alleged donor nor the witnesses of the alleged mutation of gift were produced or called in the court for evidence---Stamp vendor appeared and verified that stamp paper in question was sold by him to the vendor for agreement to sell in favour of vendee---Defendant/vendee failed to produce important witnesses, i.e. the alleged donor and the alleged witnesses of the mutation, despite framing of specific issue by the Trial Court whether there was no transaction of sale but a gift---Suit for pre-emption filed by respondent had rightly been decreed by the courts below---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2022 PLD

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