GHULAM RAZA vs MUREED ABBAS Ss — 2023 CLC 122 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

GHULAM RAZA VS MUREED ABBAS Ss.122 & 123--Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118---Oral gift translated into written registered deed proved through marginal witnesses---Evidential value---Suit for declaration and perpetual injunction was filed by the petitioners alleging that their grandfather/deceased had orally gifted them the suit property; that gift deed was also executed; that mutation of inheritance sanctioned was illegal---Petitioners' suit was concurrently dismissed---Petitioners contended that since the oral transaction of gift was translated into a written gift deed, which had been proved by the petitioners by way of producing its marginal witnesses, thus, the Courts below erred in law in deciding against the petitioners---Validity---Petitioners were supposed to prove both of the two segments of the alleged gift transactions separately; i.e. firstly oral gift and written/registered gift deed---Petitioners being beneficiaries of the oral gift had to discharge burden to prove such transactions separately---Mandatory for the petitioners/beneficiaries to highlight in their plaint the complete details of the oral transaction mentioned, but no such details had been mentioned in the plaint---Petitioners failed to prove the oral transaction---In order to fill the lacunae left by the petitioners in the pleadings, one of the witnesses stated the names of the persons in presence of whom oral gift was made, however, such stipulation was clearly beyond the scope of pleadings, thus, the same could not be relied upon---Written gift deed did not show that the land in dispute at the outset was orally gifted to the petitioners by the deceased---Since the original transaction of oral gift could not be proved by the petitioners, the whole superstructure/edifice built thereon through subsequent written deed would fall on the ground---Petitioners failed to prove the necessary ingredients of the gift through unequivocal and clear evidence, i.e. (a) proposal by the donor; (b) acceptance by the donee; and (c) delivery of possession to the donee---Revision petition was dismissed accordingly.

GHULAM RAZA vs MUREED ABBAS Ss — 2023 CLC 122 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 CLC