Legal Case Summary

Case Details
Case ID 20977600-a196-4eae-8ebb-819b0a72b24d
Body View case body.
Case Number Civil Petition for Leave to Appeal No. 1179 L of 1
Decision Date Jan 18, 1994
Hearing Date
Decision The Supreme Court of Pakistan denied the petitioner's request for leave to appeal against the Lahore High Court's judgment dated October 17, 1992. The court found no merit in the petition, highlighting that the petitioner had made a clear admission regarding the gift's necessary components, including declaration, delivery of possession, and acceptance by the donee. The court also noted that the reliance on Khasra Girdawari did not support the petitioner's claim since constructive possession was deemed transferred despite no change in cultivation. Furthermore, the gift mutation was incorporated in Jamabandi, creating an initial presumption of title in favor of the donee. Consequently, the court upheld the lower courts' decisions.
Summary In this case, the Supreme Court of Pakistan dealt with a civil petition concerning a gift mutation. The petitioner, Muhammad Sadio, challenged the attestation of a gift in favor of his brother, the respondent Sardar. The case revolved around the essential elements required for a valid gift under Muhammadan Law, including the declaration, delivery of possession, and acceptance by the donee. The court emphasized the importance of admissions made by the petitioner, which confirmed the validity of the gift. The reliance on Khasra Girdawari was deemed insufficient to contest the gift's legitimacy, as constructive possession was considered transferred. The incorporation of the mutation in the Jamabandi further supported the donee's title. Consequently, the Supreme Court refused to grant leave for appeal, affirming the decisions of the lower courts. This case underscores the significance of clear admissions and proper documentation in property disputes related to gifts, serving as a precedent in similar future cases.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SHAFIUR RAHMAN, SALEEM AKHTAR, MUHAMMAD SADIO
Lawyers C.R. Aslam, Advocate, S. Abid Nawaz, Advocate on-Record, Muhammad Aslam Qureshi, Advocate, S. Abul Aasim Jaferi, Advocate on-Record
Petitioners Muhammad Sadio
Respondents Sardar and others
Citations 1995 SLD 658, 1995 SCMR 710
Other Citations Not available
Laws Involved Muhammadan Law
Sections Not available