| Case ID |
22acbb2d-0c5e-4299-8ee2-9d79d1c74e18 |
| Body |
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| Case Number |
Civil Appeal No. 146-L of 2018 |
| Decision Date |
Nov 08, 2019 |
| Hearing Date |
Nov 08, 2019 |
| Decision |
The Supreme Court of Pakistan set aside the judgment dated 18.09.2018, passed by the Lahore High Court and upheld the decision of the Appellate Court dated 27.01.2015. The court found that the plaintiffs failed to prove the allegation of fraud and connivance by the revenue officials regarding the gift mutation. The court emphasized that necessary parties must be included in a suit where connivance is alleged. Since the donee was a minor at the time of the mutation, the court ruled that the evidence presented validated the attestation of the mutation, leading to the conclusion that the appeal was allowed. |
| Summary |
This case revolves around a civil appeal concerning the validity of a gift mutation made under the Punjab Land Revenue Act. The Supreme Court's analysis focused on the necessity of including relevant parties when allegations of fraud are made against revenue officials. The court underscored the principle that a minor, as donee, is not required to independently prove the elements of a gift transaction. The decision highlighted the importance of presenting substantial evidence to support claims of fraud and the role of revenue officials in the attestation process. The final ruling favored the defendants, restoring the trial court's decree and invalidating the Lahore High Court's judgment. This case is significant for its implications on property law, particularly in matters involving minors and the responsibilities of revenue officials in mutation processes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
AMIN-UD-DIN KHAN
|
| Lawyers |
Mian Abdul Quddous, Advocate Supreme Court,
Sh. Usman Karim-ud-Din, Advocate Supreme Court
|
| Petitioners |
ANOTHER,
SIKANDAR HAYAT
|
| Respondents |
6 OTHERS,
SUGHRAN BIBI
|
| Citations |
2020 SLD 162,
2020 SCMR 214
|
| Other Citations |
Mrs. Khalida Azhar v. Viqar Rustam Bakhshi and others 2018 SCMR 30,
Peer Baksh through L.Rs. and others v. Mst. Khanzadi and others 2016 SCMR 1417
|
| Laws Involved |
Punjab Land Revenue Act, 1967,
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
129(e),
133,
185(2),
O.I,R.10
|