HIDAYAT KHAN vs Mst — 2025 PLD 502 SUPREME-COURT

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HIDAYAT KHAN VS Mst. NASREEN Ss. 42 & 54---Transfer of Property Act (IV of 1882), S.123---Registration Act (XVI of 1908), S. 49---Suit for declaration and injunction---Unregistered gift deed---Proof---Failure to take possession---Concurrent findings of facts by Courts below---Petitioners/plaintiffs claimed to be owners of suit property on the basis of gift deed made by their predecessor-in-interest and had assailed mutation of inheritance---Suit and appeal filed by petitioners/plaintiffs were dismissed by Trial Court and Lower Appellate Court---High Court in exercise of revisional jurisdiction declined to interfere in concurrent judgments and decrees---Validity---Gift in question was conditional because possession was not delivered to petitioners/plaintiffs---Donor had retained possession during his lifetime, meaning thereby that one of the ingredientsof a valid gift was missing---When a document creates a future obligation(s) or right(s), it has to be compulsorily registered and when position remains otherwise, such document does not confer any right(s) in view of command of section 49 of the Registration Act, 1908 read with section 123 of the Transfer of Property Act, 1882---High Court had rightly construed law on the subject in such regard and when such document, creating future obligation(s) and right(s) was executed, the same, when challenged, was required to be proved by producing two marginal witnesses as per mandate of Article 79 of Qanun-e-Shahadat, 1984---Such proof was lacking in the present case as none of petitioners/plaintiffs produced witnesses in witness box for identification of their signature---Concurrent findings of facts recorded by Trial Court and Lower Appellate Court were rightly upheld by High Court in exercise of revisional jurisdiction under section 115, C.P.C.---Supreme Court declined to interfere in the matter---Petition for leave to appeal was dismissed and leave to appeal was refused.

HIDAYAT KHAN vs Mst — 2025 PLD 502 SUPREME-COURT

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