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Mrs. NASIRA KHALIQUE vs Mst — 2022 YLR 1531 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLR 1531 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
YLR
Parties
Mrs. NASIRA KHALIQUE vs Mst
Subject matter
Criminal
Provisions referred to
S. 42---S

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

Mrs. NASIRA KHALIQUE VS Mst. RABIA SHARIF S. 42---Suit for declaration---Gift mutation---Scope---Plaintiffs assailed alleged transfer of suit property in favour of the respondents' predecessor by their father---Property in question was transferred on the basis of contents of gift shown in Nikahnama executed in 1954, however, same got materialized (mutation) in the year 1982---Burden was upon the beneficiaries not only to prove the claimed gift but also validity thereof---Undeniably the ownership of suit property was with father of the plaintiffs, who was brother of the husband of claimed donee---No exception to position that Nikahnama was a document between bride and bridegroom---Mere referral to the signature of a person in capacity of a witness did not bind him to any term agreed or mentioned in the Nikahnama---Authorities before relying on such a document for transferring title were required to have served notice upon such person---Such illegal order passed by the authorities did not come in way of the plaintiffs particularly when the donor himself had never appeared before the authorities for confirming the claimed gift---Revision application was allowed and the suit was decreed, in circumstances.

Other judgments reported in 2022 YLR

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