| Case ID |
2e370547-357c-497f-a793-dd03c367cee9 |
| Body |
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| Case Number |
C. R. No. 495-D of 2013 |
| Decision Date |
Jul 15, 2022 |
| Hearing Date |
Jun 20, 2022 |
| Decision |
The Lahore High Court upheld the concurrent findings of the trial court and the lower appellate court. The court found that the gift mutation in question was void as the respondent was a minor at the time of its attestation. The petitioners were unable to prove the validity of the gift transaction and did not provide sufficient evidence to support their claims. The court emphasized that the petitioners, being the beneficiaries of the allegedly fraudulent mutation, bore the burden of proof to demonstrate its legitimacy. The court concluded that there was no material irregularity or illegality in the record justifying interference and thus dismissed the revision petition. |
| Summary |
This case revolves around the validity of a gift mutation contested by the respondent, Mst. Fateh Khatoon, who claimed she was a minor at the time the mutation was attested. The Lahore High Court ruled in favor of the respondent, affirming the lower courts' decisions that the gift mutation was void. The court highlighted that the petitioners failed to provide compelling evidence proving the authenticity of the gift transaction. The ruling underscores the importance of adhering to legal requirements regarding the capacity to make gifts, especially involving minors. The decision reinforces principles under the Specific Relief Act and the Civil Procedure Code, emphasizing the necessity for petitioners to substantiate their claims adequately. The case sets a significant precedent regarding gift transactions and the protection of minors' rights. Keywords such as 'gift mutation', 'minor', 'Lahore High Court', and 'Specific Relief Act' are trending and relevant for legal practitioners and scholars. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
Mirza Viqas Rauf
|
| Lawyers |
Malik M. Kabir,
Malik Fateh Khan Awan
|
| Petitioners |
HAYAT (DECEASED) through L.Rs
|
| Respondents |
Mst. FATEH KHATOON
|
| Citations |
2023 SLD 922,
2023 MLD 665
|
| Other Citations |
2012 SCMR 212,
2004 SCMR 1524,
PLD 2003 SC 271,
2006 CLC 1430,
2021 SCMR 1401,
2006 MLD 659,
PLD 2022 SC 85,
PLD 2016 SC 712,
PLD 2022 SC 21,
PLD 2022 SC 13
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
115
|