| Case ID |
099bde23-704a-4a6e-87a2-08206e0bf946 |
| Body |
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| Case Number |
Suit No. 468 of 2008 |
| Decision Date |
May 13, 2013 |
| Hearing Date |
May 02, 2013 |
| Decision |
The court ruled in favor of Umar Farouk Sheikh, declaring that the alleged gift deed dated 31-3-2005 was forged and thus void. The court ordered Mst. Shazia Umar to vacate the subject property, Sea View Apartment No. 3, and awarded mesne profits to the plaintiff. The court emphasized the burden of proof lies with the beneficiary of a document to establish its genuineness, and since the defendant failed to present evidence supporting her claims, the plaintiff's version was accepted. The suit against defendant No. 2, DHA, was dismissed. |
| Summary |
In the case of Suit No. 468 of 2008 heard by the Sindh High Court on May 13, 2013, the court addressed a dispute over the ownership of Sea View Apartment No. 3. Umar Farouk Sheikh, the plaintiff, asserted that Mst. Shazia Umar was unlawfully occupying the property following their divorce. The plaintiff argued that the purported gift deed transferring ownership to the defendant was fraudulent and without his consent. The court, citing the Qanun-e-Shahadat, highlighted that the burden of proof rested with the defendant to validate the gift deed. The court found that the defendant failed to provide sufficient evidence to support her claims, leading to the conclusion that the gift deed was forged. As a result, the court ruled in favor of the plaintiff, granting him possession of the property and awarding mesne profits. This case illustrates the importance of proper documentation and evidence in property disputes, particularly in the context of divorce and alleged gifts. Key terms include property ownership, legal documentation, gift deed, and burden of proof. |
| Court |
Sindh High Court
|
| Entities Involved |
Orix Leasing Pakistan Limited,
DHA
|
| Judges |
AZIZ-UR-REHMAN, J
|
| Lawyers |
Rafiq Ahmed Kalwar,
Aijaz Mubarak Khattak
|
| Petitioners |
UMAR FAROUK SHEIKH
|
| Respondents |
,
Mst. SHAZIA UMAR
|
| Citations |
2013 SLD 2765,
2013 YLR 1917
|
| Other Citations |
Muhammad Yasin v. Shabbir Ahmed 1985 SC 2111,
Raees Muhammad Mushtaq v. Hyder Bux PLD 1975 Kar. 416,
Nijat Ali v. Sharif Khan 2012 CLC 1333,
Mst. Razia Begum and others v. Ismat Khan PLD 2011 Pesh. 10,
Syed Abdullah ABIDI v. Mst. Hijra Abidi and another PLD 2009 Kar 252,
Hafiz Tasadduq Hussain v. Muhammad Din through LR.s. and others PLD 2011 SC 241,
Overseas Pakistani Foundation and others v. SQN. LDR. (RETD.) Syed Mukhtar Ali Shah and another 2007 SCMR 569,
Tasleem Khan v. Sher Ghulam and others 2010 SCMR 1422,
Federation of Pakistan v. Jaffar Khan PLD 2010 SC 604,
Razia Beugm and others v. Asmat Khan PLD 2011 Pesh. 10,
Ashiq Hussain v. Ashiq Ali 1972 SCMR 50,
Muhammad Ejaz and 2 others v. Mst. Khalida Awan and another 2010 SCMR 342,
Nazir Ahmed Khan and 2 others v. Muhammad Ashraf Khan and others PLD 1975 Kar. 598,
Muhammad Noor Alam v. Zair Hussain and 2 others 1988 MLD 1122,
Fateh Muhammad through L.Rs. and others v. Fida Hussain through L.Rs. 2007 CLC 1885
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
Art. 133,
Art. 117
|