| Case ID |
225d089c-a026-424b-8d42-a420df8cabf9 |
| Body |
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| 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
|