SALEEM KHAN vs Mst — 2023 CLC 1217 LAHORE-HIGH-COURT-LAHORE

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Judgment text as reported

SALEEM KHAN VS Mst. ZEENAT Oral gift---Onus to prove---Pardahnashin, illiterate ladies---Respondents/plaintiffs claimed to be owners of suit property and alleged that mutation on the basis of oral gift made by them in favour of petitioner/defendant was result of fraud---Suit was dismissed by Trial Court but Lower Appellate Court decreed the same in favour of respondents/plaintiffs---Validity---In case of oral gift, onus was always on donee to prove through cogent and concrete evidence that donor made gift to him voluntarily, without duress and with all senses, he had accepted the same and possession was delivered to him towards completion of that transaction---If any of such ingredients/component was missing, claim of gift was rejected--- When respondents/plaintiffs deposed that they did not appear before revenue officer for attestation of mutation and gift was not made by them, onus was shifted upon petitioner/defendant as beneficiary to prove attestation of mutation as well as transaction reflected therein---Respondents/plaintiffs were Pardahnashin, illiterate, advanced aged, simpleton village ladies and their valuable rights in suit property were going to be transferred---Extraordinary precautions and special care was to be taken to safe guard rights of a weaker limb of the society---Petitioner/defendant was beneficiary of mutation in question and he was bound to prove gift transaction through trust worthy, believable, unimpeachable affirmative evidence but he failed to dislodge such mandatory burden---High Court declined to interfere in judgment and decree passed by Lower Appellate Court---Revision was dismissed, in circumstances.

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SALEEM KHAN vs Mst — 2023 CLC 1217 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 CLC