IJAZ AHMAD vs KHIZAR HAYAT Ss — 2023 MLD 761 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 761 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: IJAZ AHMAD vs KHIZAR HAYAT Ss
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

IJAZ AHMAD VS KHIZAR HAYAT Ss. 42 & 54---Oral gift (Hibba)---Proof---Pleadings---Scope---Suit for declaration and injunction assailing mutations based upon oral gift---Suit and appeal filed by appellants/plaintiffs were dismissed by two Courts below---Validity---Recitals of plaint and written statement had no value in the eyes of law until and unless those were proved by trustworthy, reliable, cogent and confidence inspiring evidence---Mere admission in written statement by owner of land that too in a joint written statement was not sufficient to prove that he gifted out land through mutations in question to respondent/defendant, especially when possession of land was with appellants/plaintiffs and ingredients of Hibba (Gift) were not fulfilled---It was not proved on record as to when, where and in whose presence such offer of making oral Hibba (Gift) was made and was accepted and thereafter possession was delivered to respondent/defendant---It had come on record through Record of Rights that land in possession of tenant was not in pursuance of alleged oral Hibba (Gift)---Respondent/defendant failed to discharge his onus with regard to alleged oral Hibba (Gift) in favour of his predecessor-in-interest, as claimed by him---High Court set aside judgments and decrees passed by two Courts below as the same were contrary to law and failed to determine pivotal issue while applying independent judicious mind and considering law on the subject in the right way---Second appeal was allowed accordingly.

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