Mst. FAHEEMAN BEGUM (DECEASED) vs ISLAM-UD-DIN (DECEASED) Gift/tamleek mutation — 2023 SCMR 1402 SUPREME-COURT

Case information

Citation: 2023 SCMR 1402 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: Mst. FAHEEMAN BEGUM (DECEASED) vs ISLAM-UD-DIN (DECEASED) Gift/tamleek mutation
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. FAHEEMAN BEGUM (DECEASED) VS ISLAM-UD-DIN (DECEASED) Gift/tamleek mutation---Proof---Immoveable property gifted by a sister to her brother---Respondents/donees had substantiated the fact of tamleek through cogent evidence in the form of the revenue record and witnesses produced before the Trial Court---Furthermore the suit of appellants was badly barred by time as the mutation in dispute was executed on 29.12.1981, whereas the suit was filed with a delay of almost 15 years on 3.5.1997---Appellant had no locus standi to challenge the legality of the (gift) mutation on a vague allegation of fraud when the donor had never challenged the same in her life time and the mutation had been given effect in the revenue record---Suit for declaration and permanent injunction filed by appellants was rightly dismissed---Appeal was dismissed.

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