Mst. KHAN BIBI (widow) vs BIBI RAHIMA art — 2023 PLD 40 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLD 40 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLD
Parties: Mst. KHAN BIBI (widow) vs BIBI RAHIMA art
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. KHAN BIBI (widow) VS BIBI RAHIMA art. 71---Specific Relief act (I of 1877), Ss. 42, 8 & 54---Oral Will---Proof---Suit for declaration, correction of mutation entries, partition, possession and permanent injunction---Oral evidence must be direct---Interested witness---Scope---Plaintiff filed a suit for seeking her share in the legacy of her predecessor---Claim of plaintiff was that the names of female legal representatives were not inserted in the revenue record---Defendants contested the suit on the ground that their predecessor had made an oral will regarding property---Trial Court decreed the suit---Validity---Two witnesses were produced to prove oral will of the predecessor---One of the witnesses disclosed that the other witness came and narrated that the predecessor had told him that he had given the share of daughters in the ancestral properties in the form of cash and jewelleries---Statement of said witness was inadmissible under art. 71 of the Qanun-e-Shahadat, 1984, as the same was hearsay---Cross-examination of the second witness transpired that there was a property dispute between him and the husband of plaintiff; that criminal cases were pending between the son of plaintiff and his brother and that his age was 12/13 years when the predecessor had made an oral will---Said witness was partial towards the plaintiff, therefore, his statement was not admissible for the purpose of proof of oral will---Impugned judgment was well reasoned, therefore, the same did not warrant interference by the High Court---appeal was dismissed.

Other judgments reported in 2023 PLD

2023 PLD 431 SUPREME-COURTPAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA) VS ARY COMMUNICATIONS PRIVATE LIMITED (ARY DIGITAL) R. 4---Councils of Complaints---C…
2023 PLD 431 SUPREME-COURTPAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA) VS ARY COMMUNICATIONS PRIVATE LIMITED (ARY DIGITAL) arts. 19 & 19a---Tolerance---Cons…
2023 PLD 174 SUPREME-COURTS.D.O./A.M., Hasht Nagri Sub-Division, PESCO, Peshawar VS KHAWAZAN ZAD S. 99 & O.I, R. 10---Misjoinder of parties---Curable defect---Misjoin…
2023 PLD 588 SUPREME-COURTNADIA NAZ VS The PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD art. 188---Review of judgments by the Supreme Court---Grounds---Error…
2023 PLD 536 SUPREME-COURTGUFRAN ALI VS HASEEB KHAN S. 8(1)---Juvenile---Determination of age---Ossification test---Scope and significance of ossification test in det…
2023 PLD 516 SUPREME-COURTA. RAHIM FOODS (PVT.) LIMITED VS K&N'S FOODS (PVT.) LIMITED S. 10(2)(d)---Deceptive marketing practices, action for---Pre-requisites---Regis…

Back to the case-law library · Search Pakistani case law in Urdu or English