Mst. LIAQAT SULTANA vs Mst — 2023 MLD 1405 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 1405 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: Mst. LIAQAT SULTANA vs Mst
Subject matter: Civil
Provisions referred to: S. 115---S; S. 115; Civil Procedure Code (V of 1908)

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. LIAQAT SULTANA VS Mst. MUMTAZ TAHAWAR Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and injunction---Gift---Proof---Onus to prove---Not party to proceedings---Effect---Concurrent findings of two Courts below---Dispute was with regard to gift regarding suit property allegedly made on the basis of fraud and misrepresentation---Validity---Ingredients for a valid gift were offer, acceptance and delivery of possession---When sanctity of gift was challenged or called into question, especially on the basis of fraud and misrepresentation, beneficiary not only had to prove valid execution of gift deed or mutation but also the original transaction---Owner of a portion of suit property was not impleaded as party to the suit and was not provided with an opportunity to defend himself---No adverse order could be passed against such owner as it would amount to condemning him unheard---Free and fair opportunity of defending and presenting one's case was to be provided---High Court declined to interfere in judgments and decrees passed by two Courts below as no illegality and irregularity was committed---High Court in exercise of revisional jurisdiction under S. 115, C.P.C. could not disturb concurrent findings of facts by two Court below when the same did not suffer from any misreading or non-reading of evidence---Revision was dismissed, in circumstances.

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