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DIL NAWAZ KHAN vs Mst — 2022 YLR 418 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 418 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
DIL NAWAZ KHAN vs Mst
Subject matter
Criminal

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

DIL NAWAZ KHAN VS Mst. NEK BIBI Ss. 5, 7, 122 & 123---Specific Relief act (I of 1877), Ss. 42, 39 & 54---Suit for declaration, cancellation of gift-mutation and permanent injunction---Gift--- Ingredients--- Correctness and genuineness of gift-mutation---Scope---Plaintiff/wife filed suit for cancellation of gift-mutation incorporated in favour of defendants/respondents (her husband and her/husband's brothers)---Held, that plaintiff had challenged the authenticity of mutation-in-question by filing suit within a year of its incorporation---Plaintiff and defendant though were wife and husband but their relations were strained, and plaintiff had not shown/ written herself to be wife of the defendant and subsequently their marriage was dissolved---When they were not friendly with each other the transfer of property and that too through gift was a question mark---Defendant was bound to prove the factum of gift i.e. offer, acceptance and delivery of possession under the gift without which no sanctity was attached to the gift---No illegality or infirmity was found in the impugned judgments and decrees passed in favour of plaintiff by the Courts below---Revision petition was dismissed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 YLR

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