Citation Name: 2023 YLR 118 LAHORE-HIGH-COURT-LAHOREBookmark this Case SABIR HUSSAIN vs MEHBOOB HUSSAIN art

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Citation Name: 2023 YLR 118 LAHORE-HIGH-COURT-LAHOREBookmark this Case SABIR HUSSAIN VS MEHBOOB HUSSAIN art. 59---Unregistered gift deed---Proof---Comparison of signatures--- Respondent / beneficiary, to establish genuineness of his hub document, had a chance to make request for the comparison of alleged signatures of the donor available over memo of unregistered gift, especially when, petitioners claimed it to be forged, fictitious one, but he did not opt to do so---Opinion of expert was one of the modes of producing evidence and if the said report was properly proved, same could be used as corroborative piece of evidence---By not restoring to said exercise, respondent/plaintiff himself incurred adverse presumption against him. Citation Name: 2023 YLR 118 LAHORE-HIGH-COURT-LAHOREBookmark this Case SABIR HUSSAIN VS MEHBOOB HUSSAIN If law requires a thing to be done in specific form, then it has to be made in strict compliance thereof, otherwise it is deemed that it was never accomplished. Citation Name: 2023 YLR 118 LAHORE-HIGH-COURT-LAHOREBookmark this Case SABIR HUSSAIN VS MEHBOOB HUSSAIN S. 42---Unregistered gift deed---Proof--- Plaintiff/respondent instituted suit for declaration to claim his exclusive ownership of a house asserting that the house had orally been gifted out to him by his deceased father through unregistered memo. of gift---Defendants/ petitioners contested the suit with the stance that neither any offer of gift was made nor there was any scope of acceptance---Trial Court dismissed the suit of plaintiff/respondent---Appeal filed by respondent was allowed---Held, that stamp paper, memo of unregistered gift deed, was not issued for writing of gift deed, rather it was obtained for the execution of iqrarnama, which caused doubt about its honest construction---Memo. of gift was purportedly scribed on 02.10.2001, whereas father/alleged donor survived till 10.03.2004,but during said span neither memo. of gift was brought to light nor the suit was filed---Nothing was on record that either the disputed house was under some clog or controlled by an injunction, thus there was no hurdle to transfer the same through registered gift deed, so as to vest its ownership---Unregistered document like memo of gift, in present case, did not confer title qua immovable property---Muslim was free to make oral gift with regard to his immovable property, but in case of denial/dispute, it became sine qua non for the beneficiary to independently prove the ingredients of gift which were 'offer', 'acceptance', and 'delivery of possession'---Except respondent / plaintiff, no one uttered a single word that either offer of gift was made by the alleged donor or accepted at the end of donee in his presence---In absence thereof the basic oral transaction was not proved as well---When through a gift, deprivation of some or either of legal heir was involved, a heavy onus otherwise to prove original transaction as well as reasons for doing so strongly rested upon its beneficiary---Respondent had asserted that their late father used to live with him and also performed Hajj at respondent's expenses, thus being pleased with such services made gift of the house---To prove such fact neither corroborating evidence was examined nor contents of memo. of unregistered gift were in consonance---Memo. of unregistered gift was found inadequate to demonstrate the happening of original transaction because time, date, month and year were not disclosed therein so as to prove that when or where the alleged basic oral gift was offered, accepted followed by change of possession---Revision was accepted and the judgment and decree of Trial Court dismissing the suit was restored, in circumstances. Citation Name: 2023 YLR 118 LAHORE-HIGH-COURT-LAHOREBookmark this Case SABIR HUSSAIN VS MEHBOOB HUSSAIN arts. 17 & 79---Unregistered gift deed---Proof---Future and financial obligation---Object and nature---Unregistered memo. of gift was written after enactment of the Qanun-e-Shahadat, 1984 which certainly involved future obligation and though it was attested by two witnesses per mandate of art. 17 of the Order yet one of the witnesses 'S' was examined; surprisingly the other witness 'Y' despite availability was not produced---Object and import of art.79 of the Order per its language was that the document entailing future/ financial obligation must be proved by two attesting witnesses---Consequential phrase "shall not be used as evidence" until required figure of marginal witnesses were produced to substantiate its execution and alleged transaction placed embargo for using it in evidence---article 79 of the Order was a mandatory as well as inflexible provision and deserved its due compliance by appellate Court---Examination of the attesting witnesses was binding, which was not observed in the case, therefore could not be declared to have been proved for use in evidence---Fulfillment of art. 79 of the Order was sine qua non for respondent, which was not complied with, thus unregistered memo. of gift remained un- proved and inadmissible in evidence.

Citation Name: 2023 YLR 118 LAHORE-HIGH-COURT-LAHOREBookmark this Case SABIR HUSSAIN vs MEHBOOB HUSSAIN art — 2023 YLR 118 LAHORE-HIGH-COURT-LAHORE

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