| Case ID |
20977600-a196-4eae-8ebb-819b0a72b24d |
| Body |
View case body. Login to View |
| 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
|