S. AKMAL (deceased) vs MODEL TOWN COOPERATIVE HOUSING SOCIETY Ss — 2025 YLR 841 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

S. AKMAL (deceased) VS MODEL TOWN COOPERATIVE HOUSING SOCIETY Ss. 42, 39 & 54---Suit for declaration, permanent injunction and cancellation of deed/memorandum of gift---Gift in favour of a few legal heirs to the exclusion of other heirs---Proof adduced by the beneficiaries deficient---Effect---Plaintiffs (one being the wife of the deceased while other being one of the two sons) claimed their share in inheritance qua suit-property owned by deceased who passed away in the year 2005---Defendants, being (second) son and daughter of the deceased, claimed exclusive rights in the property on the basis of alleged transaction of gift, orally made in the year 1962 and acknowledgment thereof allegedly made in February, 1974---Claim of the plaintiffs was concurrently declined---Validity---Memorandum of gift referred to the factum of oral gift in the year 1962, which constituted an underlying transaction - alleged to have been acknowledged by way of memorandum of gift under reference---However, no evidence was led to prove the oral gift---An employee of the deceased while appearing as one of the witnesses of defendants/respondents, stated that he was with the deceased since 1964 - when the gift was allegedly made in the year 1962---No evidence was available on record to prove factum of oral gift, let alone convincing evidence---Irrespective of subsequent registration of acknowledgment of previous gift, made orally, the transaction of oral gift had to be proved/established independently and through convincing evidence---Transaction of oral gift had to be proved independently and mere reliance on the memorandum of gift, claimed to be a registered document, was not enough---High Court set-aside the impugned judgments and decrees of both the Courts below, declaring the transaction of oral gift/memorandum of gift and actions taken on the basis thereof, were as void and of no effect qua the rights of the petitioners/plaintiff (wife and son of the deceased) with respect to the property-in-question---Revision, filed by plaintiffs, was allowed accordingly.

S. AKMAL (deceased) vs MODEL TOWN COOPERATIVE HOUSING SOCIETY Ss — 2025 YLR 841 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 YLR