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

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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---Document not properly/legally exhibited---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 (having been incorporated at a Housing Society)---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---A letter dated 29.08.1998, allegedly addressed by the deceased to Respondent/ Housing Society, was referred to by both the parties (letter-in-question)---Validity---Record revealed that letter-in-question was not formally produced on record nor exhibited, but was placed on record during the statement of one of the witnesses of defendants - employee of Respondent (Housing Society)---Though the first Appellate Court acknowledged that the letter-in-question was not exhibited but proceeded to appreciate the contents thereof and interpreted it, on the premise of its availability on the record---Appellate court recorded its findings qua the letter-in-question and finally decided the appeal against the petitioners, upon treating letter-in-question as sufficient evidence for declaring the transaction of gift valid and legitimate---Appellate Court erred in law while basing its finding on the letter-in-question, having been merely placed on record without satisfying itself regarding the question of admissibility of the letter and proof of its authorship---Indubitably, contents of documents are not proved upon mere placing of a document on record, unless statutory requirements are fulfilled---Letter/ document-in-question, without determining its admissibility, and in the absence of proof, could not be treated as valid proof of alleged transaction of gift, when fraud was alleged---No attesting witness was produced to affirm the execution of alleged memorandum---No deed-writer was produced---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.

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

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