ABDUL MAJEED vs MST — 2026 SCMR 587 SUPREME-COURT

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ABDUL MAJEED VS MST. KHALIDA BIBI (DECEASED). S. 42(7)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Oral gift---Mutation---Independent transactions having two parts---Burden of proof---Failure of the petitioners/donees to prove transactions of gift and mutation independently being beneficiary thereof---Effect. Petitioners instead of proving the gift and mutation were thriving on the shortcomings of the evidence of respondents. Held: Oral gift has two parts i.e. firstly the fact of the oral gift which has to be independently established by proving through cogent and reliable evidence the three necessary ingredients of a valid gift, and secondly mutation on the basis of an oral gift has to be independently established and proved by adopting procedure provided in the Land Revenue Act, 1967, as well as the evidentiary aspects of the same in terms of the Qanun-e-Shahadat, 1984. Petitioners could not lead any cogent, strong, unimpeachable and confidence inspiring evidence with regards to first part of alleged oral gift. Petitioners could not produce the stamp vendor, scribe, marginal witnesses, identifying witness, sub-registrar and revenue officials as well as Patwari, meaning thereby the best available evidence was withheld by the petitioners, which raised a serious adverse presumption under Article 129(g) of the Qanun-e-Shahadat, 1984. Matters pertained to inheritable property, so the petitioners being alleged donees were under heavy burden to prove valid execution of oral gift because he could not take benefit from the shortcomings in the evidence of respondents, rather he had to stand on his own legs. Leave to appeal was refused, in circumstances.

ABDUL MAJEED vs MST — 2026 SCMR 587 SUPREME-COURT

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