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ALLAH WASAI vs KHUDA BUKHSH S — 2022 YLR 1597 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 1597 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
ALLAH WASAI vs KHUDA BUKHSH S
Subject matter
Civil
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

ALLAH WASAI VS KHUDA BUKHSH S. 42---Suit for declaration---Cancellation of gift mutation---Scope---Plaintiffs/donees instituted two separate suits for declaration wherein they challenged cancellation of gift mutations by the Assistant Collector---Trial Court and Appellate Court concurrently decreed the suits---Validity---Record revealed that donor was incapable of getting his statement recorded and even he was unable to understand the events of alleged gift, entered in the revenue record, in favour of his sons/plaintiffs, by depriving his daughter---Basic ingredients for gift i.e. offer, acceptance and delivery of possession were not detailed in the plaint---Plaintiffs could not plead as to when, where and in whose presence the deceased had made an offer for gifting out the property, which was accepted in presence of such and such witnesses, where after possession was delivered to the plaintiffs---Assistant Collector had rightly cancelled the alleged gift mutations--- Possession of disputed property was with the plaintiffs under the donor, father of the parties and it was not in pursuance of the alleged gift---Revision petition was accepted and the impugned judgments and decrees were set aside, in circumstances.

Other judgments reported in 2022 YLR

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