MUHAMMAD AZAM vs PROVINCE OF THE PUNJAB through District Collector, Toba Tek Singh S — 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 S
Subject matter: Civil
Provisions referred to: S. 42---S

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 S. 42---Suit for declaration---Oral gift---Mutation---Exclusion of sisters/respondents from their right of inheritance in their absence---Essential ingredients of gift---Proof---Non-mentioning of necessary details as to offer and acceptance of gift in the written statement/pleadings of the petitioners---Effect---Evidence beyond the scope of pleadings---Admissibility---Suit was dismissed by the Trial Court, however, the Appellate Court accepted the appeal of the respondent and decreed the suit---Validity----Basic ingredients of a valid gift are offer, acceptance and delivery of possession---No description of making of offer and acceptance of the same by the deceased donor had been given in the written statement of the petitioner, which were necessary to plead and prove---Same had not even been deposed during the evidence either by the petitioner or his witnesses because a party cannot lead any evidence beyond its pleadings---No illegality and irregularity as well as wrong exercise of jurisdiction was found in the findings of the Appellate Court---Civil revision was dismissed, in circumstances.

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