| Case ID |
09ef0145-0610-4b9b-99aa-6128f81ae8da |
| Body |
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| Case Number |
C. Rev. No. 1 of 2013 |
| Decision Date |
Apr 01, 2015 |
| Hearing Date |
Apr 01, 2015 |
| Decision |
The revision petition was dismissed as the findings of two courts below on the issue of gift had attained finality. The plaintiff did not challenge the decree of the Appellate Court, and no irregularity was found in the impugned order. The trial court's findings on the issue of gift were against the defendants, as the burden of proof shifted to them, and they failed to substantiate their claims regarding the alleged gift of property by the plaintiff's mother to the defendants' father. The appeal was partly accepted, but the decree of the learned trial court was modified only to a small extent, affirming most of the original findings. |
| Summary |
This case revolves around a dispute over land possession and the validity of a gift claim. The plaintiff, claiming to be the son of the deceased sister of the defendants' father, sought a declaration for possession of the land. The defendants contended that the plaintiff's mother had gifted her share to the defendants' father. The court found the relationship between the parties to be admitted, which shifted the burden of proof to the defendants. The trial court's ruling was upheld, as the defendants could not provide sufficient evidence to support their claim of gift. The legal principles surrounding gift transactions and the burden of proof were critical in determining the outcome. This case underscores the importance of clear evidence in property disputes and the necessity for defendants to substantiate their claims when the burden shifts to them. Ultimately, the decision affirms the necessity for thorough documentation in property transfers to avoid disputes, highlighting the complexities of familial relationships in legal claims. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALAM, JUSTICE
|
| Lawyers |
Khadim Hussain,
Sher Ali
|
| Petitioners |
4 OTHERS,
FARMAN ALI
|
| Respondents |
MOHAMMAD YASEEN
|
| Citations |
2016 SLD 3110 = 2016 MLD 843
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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