Mst. Munawar Jan vs Mst — 2025 MLD 87 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 87 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Mst. Munawar Jan vs Mst

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

Mst. Munawar Jan VS Mst. Safaidan O.VI, R.4---Qanun-e-Shahadat (10 of 1984), Arts. 113, 117 & 120---Gift transaction---Legality---Fraud---Onus of proof---Admission as to validity of gift---Necessity to prove the transaction of gift---Facts need not to be proved---Contention of the petitioner was that respondents being beneficiaries of the gift transaction had failed to divulge details thereof in their written statement, thus, the suit had rightly been dismissed by the Trial Court---Validity---Party pleading any misrepresentation and fraud was obliged to narrate particulars to that effect---Plaint was lacking any details or particulars that how the transaction was tainted with fraud---Donor and predecessor-in-interest of the petitioners accepted the donee as lawful owner of the suit land and never challenged the gift mutation in their lifetime---Article 113 of Qanun-e-Shahadat, 1984, ordains that no fact need be proved in any proceedings which the parties thereto or their agents agree to admit at the hearing, or which before the hearing, they agree to admit by any writing under their hands, or which by any rule or pleading in force at the time they are deemed to have admitted by their pleadings---Petitioner's own witness admitted qua the validity of gift, thus, there remained no necessity for the respondents to assert or lead any material to that effect---After effecting of gift mutation necessary entries were incorporated in the revenue record for the subsequent years---Civil revision was dismissed, in circumstances.

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