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

Case information

Citation: 2025 YLR 841 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: S. AKMAL (deceased) vs MODEL TOWN COOPERATIVE HOUSING SOCIETY Ss
Subject matter: Civil

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

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 a few legal heirs to the exclusion of their heirs---Gift challenged by excluded legal-heirs---Limitation---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 passéd away in the year 2005---Defendants, being (second) son and daughter of the deceased, claimed exclusive rights in the property based on 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---Record revealed that the plaintiffs/petitioners upon death of the deceased had sought succession of movable assets and thereafter filed suit for partition, wherein factum of transaction of gift was disclosed and thereafter they filed suit seeking declaration of invalidity against alleged gift---There was no direct evidence to establish that plaintiffs/ petitioners had prior knowledge of the gift or factum thereof was ever disclosed by the deceased to them (petitioners)---In such circumstances, no question of time-barred claim arose---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 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.

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