Mst. RASOOLAN BIBI vs PROVINCE OF PUNJAB arts — 2023 CLC 1171 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1171 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Mst. RASOOLAN BIBI vs PROVINCE OF PUNJAB arts
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. RASOOLAN BIBI VS PROVINCE OF PUNJAB arts. 17, 79 & 129(g)---Oral gift---Proof---attesting witnesses, non-production of---Effect---Neither the attesting witnesses of the oral gift mutation in question nor the Revenue Officers (Patwari and Tehsildar) who entered / sanctioned the said gift mutation were produced in evidence to prove the alleged oral gift mutation---Under arts. 17 & 79 of the Qanun-e-Shahadat Order 1984, it is mandatory for the beneficiary / respondents to produce the requisite number of the witnesses of the very oral gift transaction as well as gift mutation but the respondents had failed to produce the witnesses of the oral gift mutation---Non-production of the required witnesses was blatant non-compliance of the mandatory provisions of law which was considered fatal for the case of the respondents---Furthermore failure to produce the witnesses of oral gift mutation i.e. Patwari and Tehsildar who entered and sanctioned the impugned oral gift mutation without any convincing reason amounted to withholding of material evidence and it would be legally presumed that had the said witnesses been produced in evidence, they would have deposed against the respondents, as such presumption under art. 129 (g) of Qanun-e-Shahadat, 1984 clearly operated against them---Revision petition was allowed and suit for declaration filed by the petitioner-lady was decreed.

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