MUHAMMAD MUJTABA KHAWAJA vs Khawaja AZAM ALI Ss — 2023 MLD 1901 ISLAMABAD

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MUHAMMAD MUJTABA KHAWAJA VS Khawaja AZAM ALI Ss. 42, 39 & 54---Suit for declaration, cancellation of documents, possession and permanent injunction---Oral gift---Ingredients---Title document, execution of---Proof---Suit of plaintiff was dismissed wherein he claimed his right of inheritance from the house and for cancellation of the transfer letter issued by the Capital Development Authority ('C.D.A') vide which his late father had transferred suit-house by gift in favour of three sons only, excluding him (the plaintiff) and four daughters---Validity---Record revealed that the donor (deceased father)himself had applied to C.D.A adopting prescribed procedure for the transfer of the suit-house by gift in favour of his four sons excluding one son (the plaintiff/appellant) and four daughters---One of the sisters (defendant/respondent), who asserted to accompany her father at the relevant office(s), deposed successfully the procedure her father had adopted for the purpose; which deposition could not be shaken in cross-examination by the plaintiff/appellant---Another sister (defendant/respondent) deposed that no daughter/sister had challenged the gift-in-question as all excluded siblings, who were not made beneficiaries of gift-in-question, had already been compensated by the father---Onus of proof was on the beneficiaries of the gift deed to prove its execution and that all essential of valid gift (i.e. offer, acceptance and delivery of possession) had been fulfilled---For the relevant areas of the Islamabad Capital Territory , the transfer letter issued by the C.D.A had the status of a title document---Even otherwise, transfer of the suit-house was not made merely on the submission of the memorandum of the oral gift but also on the basis of donor/father's declaration of the oral gift having been duly recorded by the C.D.A---According to the contents of said memorandum, the oral gift was made by the father on the occasion of Eid-ul-Fitr which date was prior to the declaration of the oral gift made by him before the C.D.A on subsequent date---Said memorandum was in the nature of an acknowledgment of an oral gift which was reiterated or re-declared by the donor/father before the C.D.A---Plaintiff/ appellant had failed to prove his assertion---No non-reading/mis-reading of evidence, illegality or infirmity was noticed in the impugned judgment and decree passed by the single bench of the High Court---Appeal was dismissed, in circumstances.

MUHAMMAD MUJTABA KHAWAJA vs Khawaja AZAM ALI Ss — 2023 MLD 1901 ISLAMABAD

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