RAHEELA BEGUM vs NARGIS BANO Ss — 2023 YLR 2619 LAHORE-HIGH-COURT-LAHORE

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RAHEELA BEGUM VS NARGIS BANO Ss.42, 39 & 54---Suit for declaration, cancellation of documents and permanent injunction---Oral gift---Onus of proof---Mutation(s), dispute of---Proof---Claim of the plaintiff was that she never made any oral gift (tamleeq) in favour of her husband, so not only the mutation having been attested on the basis of tamleeq (tamleeq-mutation) was fraudulent, but subsequent inheritance-mutation after the death of her husband was illegal also---Further plea of plaintiff was that by said inheritance-mutation, share was devolved upon the defendant/lady, and her siblings, whom her husband had already divorced---Suit was decreed and appeal preferred by the petitioners/defendants was dismissed by the Appellate Court---Validity---Record revealed that the respondent/plaintiff produced oral as well as documentary evidence in support of her claim---Where a transaction by way of oral gift (tamleeq) was claimed by the beneficiary but its existence was denied/disputed by the owner/transferor, the onus of proof would shift on to the beneficiary who would be required to prove oral transaction and also the subsequent mutation---Petitioners, who were under heavy onus to prove said stance, neither disclosed the mandatory particulars in written-statement viz date, time and place of oral gift and also the persons in whose presence such oral transaction was made nor took the trouble to produce any witness of such oral transaction and also the attestation of mutation---Neither the persons who allegedly identified the donor before the Revenue Officer were produced in the witness-box nor transfer of possession could be proved which constituted element of valid gift---Even otherwise, the claim of oral gift in such circumstances was unnatural/unusual on the face of it inasmuch has the donor had allegedly transferred her entire property to her late husband despite the fact she had her own children, thus the oral tamleeq could not be proved by any admissible evidence---Petitioners had failed to prove the oral transaction/ gift (tamleeq), and thus subsequent mutations were result of fraud, misrepresentation and were of no legal effect---No illegality or infirmity was noticed in the impugned orders and judgments passed by both the Courts below---Revision was dismissed, in circumstances.

RAHEELA BEGUM vs NARGIS BANO Ss — 2023 YLR 2619 LAHORE-HIGH-COURT-LAHORE

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