TEHREEK JADEED ANJUMAN AHMEDIA vs MUHAMMAD ISHAQUE Ss — 2023 CLC 1761 KARACHI-HIGH-COURT-SINDH

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TEHREEK JADEED ANJUMAN AHMEDIA VS MUHAMMAD ISHAQUE Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Arts.79, 117 & 120---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and injunction---Gift, proof of---Onus to prove---Concurrent findings of facts by two Courts below---Respondent / plaintiff assailed gift deed executed in favour of applicant / defendant on the plea of fraud and collusion, as he was confined in Central Prison on the date when gift deed was alleged to have been signed by him---Trial Court and Lower Appellate Court concurrently dismissed suit and appeal filed by applicant / defendant---Validity---Statement of Revenue Officer who went to Central Prison was silent with regard to obtaining signatures of two attesting witnesses of Gift deed---Such gift under Art. 79 of Qanun-e-Shahadat, 1984 could not be proved in absence of two testing witnesses---Not only the names of attesting witnesses of gift in question were missing in "In and Out Register" of Central Prison but name of alleged donee was also missing therein---Alleged donee was not present at the time of execution of gift deed, which could not be made or executed in absence of donee, who was required to accept the gift---In absence of mandatory condition of acceptance of gift by donee, which was one of the three mandatory conditions to constitute a valid gift and to make it enforceable and binding on the parties there too, strict compliance of such mandatory condition was not satisfied---Applicant / defendant's own evidence did not prove making or execution of gift in question by respondent / plaintiff and finding to such effect by both the courts below was correct and justified---Jurisdiction of High Court under S.115, C.P.C. was narrower as concurrent findings of fact could not be disturbed in revisional jurisdiction unless Courts below while recording findings of fact had either misread the evidence or had ignored any material piece of evidence or the findings were perverse and had reflected some jurisdictional error---High Court declined to interfere in concurrent findings of facts by two Courts below which were well reasoned, balanced and in accord with pleadings and evidence of parties and law---Revision was dismissed, in circumstances.

TEHREEK JADEED ANJUMAN AHMEDIA vs MUHAMMAD ISHAQUE Ss — 2023 CLC 1761 KARACHI-HIGH-COURT-SINDH

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