HAYAT (DECEASED) vs Mst — 2023 MLD 665 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 665 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: HAYAT (DECEASED) vs Mst
Subject matter: Criminal
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

HAYAT (DECEASED) VS Mst. FATEH KHATOON Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and injunction--- Gift mutation--- Minor donor--- Void instrument---Concurrent findings of two Courts below---Respondent/ plaintiff assailed mutation of gift in favour of predecessor-in-interest of petitioners/defendants---Trial Court and Lower Appellate Court decreed the suit and appeal respectively in favour of respondent/plaintiff---Validity---Respondent/plaintiff was minor at the time of attestation of gift mutation, which was sanctioned on the basis of statement of a lady who was neither her guardian nor was authorized to enter into such transaction on behalf of respondent/plaintiff---Such gift mutation was a void instrument---Serious challenge existed to validity of gift mutation, so petitioners/defendants as beneficiaries of the same were obliged to prove its genuineness by first pleading necessary details of gift transaction followed by unimpeachable evidence---Petitioners/ defendants failed to discharge their onus of proof---Petitioners/ defendants failed to point out any misreading and non-reading of evidence---Revisional jurisdiction was not meant to unearth another possible view from the evidence, contra to the findings rendered by two Courts of competent jurisdiction---Revisional jurisdiction was to be exercised, while keeping in view principles enshrined in S. 115, C.P.C.---High Court declined to interfere with concurrent findings as there was no illegality or material irregularity crept up on the record nor was pointed out by petitioners/defendants---Revision was dismissed, in circumstances.

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