| Case ID |
16ba8a9d-a7a1-4835-b2ab-955d0801fbcb |
| Body |
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| Case Number |
Civil Petition No. 962 L of 1993 |
| Decision Date |
Dec 13, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the concurrent findings of the lower courts regarding the validity of the gift mutations. The gift was deemed valid as the donee was in possession of the land and the completion of the gift was established by the delivery of possession. The court rejected the petitioner's claims that the gift was fraudulent, noting that the evidence supported the findings of the trial court and the appellate courts. The petitioner's contention that the courts misread the evidence was found to be unsubstantiated, and the petition was dismissed with no leave granted for further appeal. |
| Summary |
In the case of Suleman vs. Nazar Muhammad, the Supreme Court of Pakistan addressed the validity of gift mutations under Muhammadan Law. The case revolved around two gift mutations attested in favor of the respondent, which the petitioner contested as fraudulent. The trial court, followed by the District Judge and the High Court, consistently upheld the validity of the gift, supported by evidence indicating that the donee was in possession of the property. The Supreme Court emphasized that once a gift is completed by delivery of possession, it cannot be challenged even if the donor later claims that possession was taken by force. This case highlights the importance of evidence in disputes regarding the legitimacy of gifts in property law. The ruling underscores the principle that concurrent findings of fact by lower courts are typically upheld unless there is a clear error. The case reaffirms the legal understanding of gift transactions within the framework of Muhammadan Law, providing clarity on the evidentiary standards required in such disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAZAL ILAHI KHAN, J.,
FAZAL KARIM, J.
|
| Lawyers |
Shaukat Ali Mehr, Advocate Supreme Court,
Mehdi Khan Mehtab, Advocate on-Record,
Asif Ahmad Khan Khosa, Advocate Supreme Court,
Sh. Salah-ud-Din, Advocate on-Record
|
| Petitioners |
Suleman
|
| Respondents |
Nazar Muhammad
|
| Citations |
1995 SLD 634,
1995 SCMR 565
|
| Other Citations |
Not available
|
| Laws Involved |
Muhammadan Law
|
| Sections |
Not available
|