REHMATULLAH vs INAYAT KHOSO Ss — 2024 CLC 311 KARACHI-HIGH-COURT-SINDH

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REHMATULLAH VS INAYAT KHOSO Ss. 8 & 42---Suit for declaration and partition---Gift/hiba---Relinquishment of share---Proof---Father of the respondent No. 1 and applicants was owner of land measuring 92 acres (suit land), who passed away---Respondent No. 1 had claimed that applicants 1 and 2 were in possession of suit land, cultivating and enjoying the yield from the suit land, without paying respondent No. 1 his rightful share---Suit was decreed by the Trial Court in favour of respondent No. 1---Applicants filed appeal against the judgment and decree passed by the trial Court but same was also dismissed---Validity---Record showed that the findings of the appellate Court were based on the oral evidence of Revenue Officials and produced documentary evidence viz: mutation entries in the record of rights of respective Dehs---Applicants were unable to point out any illegality committed by the appellate Court in exercising its jurisdiction vested under the law---Only contention was that respondent No. 1 had already received his due Shariah share from the estate of deceased by way of Hiba/Gift during his lifetime, thus he was not entitled to any share as claimed in the suit---In that regard, the applicants had failed to produce pictorial evidence to show that the respondent No. 1/plaintiff relinquished his Shariah share in the suit land through Gift/Hiba in the residual estate left by the deceased---Diversely, scanning of the documentary evidence i.e. mutation entries did not reflect that respondent No. 1 had abdicated his share in suit land on the basis of said Gift/Hiba---In absence of a valid gift or relinquishment of lawful share in an inheritance under Muslim Personal Law, it could not be said whether the respondent No. 1/plaintiff relinquished his share in subject property---Suit of the respondent No. 1 was rightly decreed---Revision petition was accordingly dismissed.

REHMATULLAH vs INAYAT KHOSO Ss — 2024 CLC 311 KARACHI-HIGH-COURT-SINDH

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