ABDUL GHAFOOR vs KHAIR BIBI Ss — 2023 YLR 180 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 180 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: ABDUL GHAFOOR vs KHAIR BIBI Ss
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

ABDUL GHAFOOR VS KHAIR BIBI Ss. 122 & 123---Gift, essentials of---Proof of factum---Cancellation/ rectification of mutation entries---Respondent/plaintiff (pardanashin lady) denied gift stating that she never went to revenue office for transfer of her share in name of the brother of her predecessor-in-interest (alleged donee)---Concurrent judgments in favour of plaintiff--- Validity--- Witnesses of defendant admitted that the alleged donee died issueless who adopted two daughters and one son of Plaintiff---Son of plaintiff looked after the properties of alleged donee---None of the witnesses of defendant stated the date/year of gift deed, where such gift deed was prepared and in whose presence the possession was handed over to the alleged donee---Real mother could not deprive her sons and daughters from her properties and gift to issueless brother---No witness of transfer/mutation produced---Essentials of gift were missing---No witness deposed whether gift was written or oral---Donee had to prove the gift deed/mutation independently---Burden of proof lay on the beneficiary (petitioner/defendant) to prove the factum of valid gift through document/evidence which he failed to discharge the same---Revision petition was dismissed accordingly.

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