Legal Case Summary

Case Details
Case ID 225d089c-a026-424b-8d42-a420df8cabf9
Body View case body.
Case Number Civil Revision Application No. 136 of 2009
Decision Date May 15, 2013
Hearing Date May 09, 2013
Decision The applicants' Civil Revision Application was dismissed by the Sindh High Court. The Court upheld the concurrent findings of the trial and appellate courts, which determined that the applicants had failed to provide sufficient evidence to prove the validity of the gift deed and the power of attorney. The Court emphasized that the burden of proof lay with the applicants to demonstrate the legitimacy of their claims regarding the ownership and possession of the suit property. The ruling reinforced the legal principles surrounding the execution of gifts and the authority of attorneys, concluding that the applicants did not meet the necessary legal requirements to establish their case.
Summary In the case of Civil Revision Application No. 136 of 2009, the Sindh High Court dealt with issues surrounding the validity of a gift deed and the authority of a power of attorney. The applicants, Mst. Mehar Parveen and others, contended that they were the rightful owners of a property and that they had gifted it to Mst. Mehar Parveen. However, the court found that the applicants failed to produce sufficient evidence to support their claims. The key legal principles discussed included the requirements for a valid gift under Islamic law and the limits of an attorney's authority. The court's decision emphasized the importance of adhering to legal standards in property transactions, particularly concerning gifts and powers of attorney. The ruling serves as a critical reference for similar cases involving property disputes, gift deeds, and the role of legal representation in civil matters.
Court Sindh High Court
Entities Involved Not available
Judges FAROOQ ALI CHANNA, J
Lawyers Mehmood Habibullah, Faheem Zia, Mirza Sarfaraz Ahmed
Petitioners anothers, Mst. MEHAR PARVEEN
Respondents another, SHAHID IQBAL
Citations 2013 SLD 2796, 2013 YLR 2081
Other Citations Muhammad Jalil and 4 others v. Muhammad Sami and 8 others PLD 2007 Lah. 467, Maqsood Ahmed and others v. Salman Ali PLD 2003 SC 31
Laws Involved Specific Relief Act (I of 1877), Qanun-e-Shahadat (10 of 1984), Civil Procedure Code (V of 1908)
Sections 42, 117, 115