REHMAT NOOR vs ZULQARNAIN Proof — 2023 SCMR 1645 SUPREME-COURT

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REHMAT NOOR VS ZULQARNAIN Proof---alleged gift made by a brother in favour of his sister---Not proved---In the present case, apart from the admission of the objecting-son (respondent-plaintiff) regarding the possession of the disputed gifted property with the appellant-sister (donee), there was no reliable evidence to prove the actual transaction of an offer made by late donor and the same being accepted by his sister (alleged donee), so as to constitute a valid gift being made---In fact, the evidence so produced by the appellant-donee was essentially relating to the steps taken after the alleged oral gift was made, and in particular, the recording of the said gift in the revenue record---When the basic foundation of a fact was lacking, no legal superstructure could be built thereon---Though the effort was made to prove the entry of the gift being recorded in the revenue record, but proving the same could never substitute evidence to prove the essential ingredients of the original transaction of gift made by late donor to his sister (alleged donee)---Respondent failed to prove the instrument of gift mutation in line with the requirement of article 79 of Qanun-e-Shahadat, 1984, as she examined only one witness of subject gift mutation, instead of two---Furthermore neither the concerned Revenue Officer or the Halqa Patwari were produced nor any effort was made for them to be produced through a court order---Original record of the mutation and Rapt Roznamcha was also not produced in the court to establish the genuineness of the mutation---Said deficiencies were enough to discredit the impugned mutation---In the instant case, there was no evidence produced by the appellant to substantiate her claim of receiving a valid gift of the disputed gift property from her deceased brother---appeal was dismissed.

REHMAT NOOR vs ZULQARNAIN Proof — 2023 SCMR 1645 SUPREME-COURT

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