Mst. NIGHAT WAHEED vs ARIF LATIF Proof — 2023 CLC 543 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 543 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Mst. NIGHAT WAHEED vs ARIF LATIF Proof
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. NIGHAT WAHEED VS ARIF LATIF Proof---Essential ingredients to prove the oral gift missing---Perusal of the plaint reveled that it did not provide description of making of offer and acceptance of the same by the plaintiff/alleged donee as well as names of witnesses, in whose presence such transaction took place, which were necessary to be pleaded and proved---Furthermore, submission of contesting written statement on behalf of the alleged donor along with the other defendants negating the making of alleged oral gift as well as execution of acknowledgment deed put a heavy burden upon the plaintiff/alleged done to prove the same by producing strong and unimpeachable evidence but he miserably failed to do so---In addition to this, the alleged oral gift was with regards to 8-Kanals 12-Sq.Ft. of the land but the acknowledgment deed of the gift mentioned only 8-Kanals---Moreover, the possession of the disputed property was also not with the alleged plaintiff/alleged donee---Appeal was allowed and suit filed by plaintiff/alleged donee was dismissed.

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