Citation Name: 2023 YLR 1329 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SHAHNAZ SHAFIQ vs Mst

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Citation Name: 2023 YLR 1329 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SHAHNAZ SHAFIQ VS Mst. GULNAR KHALID Proof---Gift deed written on non-stamp paper---Effect---In case in hand, objection regarding the registered gift deed having been written on a non-stamp paper and adhesive stamps were pasted was concerned, after admission on the part of the donor deceased "S.A." by appearing before the Trial Court, the said objection losts its significance---Civil revision was dismissed, in circumstances. Citation Name: 2023 YLR 1329 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SHAHNAZ SHAFIQ VS Mst. GULNAR KHALID O. XII, R. 6---Mental Health Ordinance (VIII of 2007), Preamble---Gift---Proof---Judgment on admission---Respondents instituted suit for declaration against the petitioner and remaining respondents before Trial Court---Petitioner also filed a suit for declaration with permanent injunction against the respondents and sought cancellation of gift deed alleging that same was obtained through fraud---One of the respondents made an application under O.XII, R. 6, C.P.C. before Trial Court for passing a judgment and decree in her favour---Trial Court dismissed the said application---Appellate Court directed the Trial Court to decide the contention of respondent---Trial Court decreed the suit of respondents---Held, that in case in hand there was no denial to the factum that the disputed house was owned by "S.A.", deceased father of the parties, who gifted out the same to the respondent through gift deed---When respondent instituted a suit for declaration, on refusal of her entitlement, father of respondent i.e. "S.A.", the donor ,appeared before Trial Court and in a categorical and unambiguous way recorded his detailed statement on oath in favour of respondent and the Trial Court had reproduced the said statement of deceased "S.A." in the impugned judgment in verbatim---In case in hand "S.A.", father of the parties appeared before the Trial Court and after recording his categorical detailed statement, he again appeared in presence of counsel for the parties and the Trial Court, on the said date, cross questioned him in order to ascertain his mental condition and soundness of his mind---Observation regarding the mental soundness of "S.A." recorded by Trial Court had not been challenged before any forum at the relevant time and even the petitioners did not move any application before the competent forum under Mental Health Ordinance, 2001, seeking declaration of unsoundness or soundness of "S.A.", because oral substance had no value, especially when the said person while appearing before the Trial Court twice on different dates with a gap of almost two years, did not seem to be of unsound mind---Statement of "S.A." in a categorical manner stated that he was affectionate and kind father towards his children and he had already transferred valuable properties in the names of his sons and daughters and had gifted out the disputed house in lieu of services to his widowed daughter "G.A."/plaintiff---Such part of statement of the deceased "S.A." had not been denied by the present petitioners or other respondents---Civil revision was dismissed, in circumstances.

Citation Name: 2023 YLR 1329 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SHAHNAZ SHAFIQ vs Mst — 2023 YLR 1329 LAHORE-HIGH-COURT-LAHORE

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