MUHAMMAD AZAM vs PROVINCE OF THE PUNJAB through District Collector, Toba Tek Singh Oral gift — 2025 CLC 600 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 600 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: MUHAMMAD AZAM vs PROVINCE OF THE PUNJAB through District Collector, Toba Tek Singh Oral gift
Subject matter: Criminal
Provisions referred to: Land Revenue Act

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

MUHAMMAD AZAM VS PROVINCE OF THE PUNJAB through District Collector, Toba Tek Singh Oral gift---Mutation---Independent transactions having two parts---Burden of proof---Failure of the petitioner/donee to prove transactions of gift and mutation independently being beneficiary thereof---Effect---Petitioner instead of proving the gift and mutation thriving on the shortcomings of the evidence of respondents---Oral gift has two parts i.e. firstly the fact of the oral gift which has to be independently established by proving through cogent and reliable evidence the three necessary ingredients of a valid gift and secondly mutation on the basis of an oral gift has to be independently established and proved by adopting procedure provided in the Land Revenue Act, 1967 as well as the evidentiary aspects of the same in terms of the Qanun-e-Shahadat, 1984---Petitioner could not lead any cogent, strong, unimpeachable and confidence inspiring evidence with regards to first part of alleged oral gift---Matters pertained to inheritable property, so the petitioner being alleged done was under heavy burden to prove valid execution of oral gift because he could not take benefit of the shortcomings in the evidence of respondents, rather he had to stand on his own legs---Civil revision was dismissed, in circumstances.

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