| Case ID |
374c8279-e519-407d-a36a-e5fc57e0a12b |
| Body |
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| Case Number |
Civil Revision No. 1267-D of 2009 |
| Decision Date |
May 05, 2017 |
| Hearing Date |
May 05, 2017 |
| Decision |
The Lahore High Court dismissed the revision petition filed under section 115 of the Civil Procedure Code against the judgment and decree dated 13.5.2009, where the learned Additional District Judge, Gujranwala, had accepted the appeal of the respondent and set aside the earlier judgment of the trial court. The court found that the impugned gift mutation was against the facts and based on fraud, as the plaintiff was the owner of the suit property and there was no valid reason for gifting it away. The findings of the appellate court were upheld as they were based on proper appreciation of evidence. The revision petition was deemed devoid of merits, and the parties were left to bear their own costs. |
| Summary |
This case revolves around a dispute concerning a gift mutation that was alleged to be fraudulent. The petitioner, Riasat Ali, contested that he was gifted property by his uncle, Muhammad Anwar, but the respondent argued that this was not the case and that the mutation was based on fraud. The Lahore High Court ultimately upheld the appellate court's decision, which had favored the respondent, emphasizing that legal requirements for a valid gift were not satisfied. The case highlights the importance of proper documentation and testimony in establishing ownership and the validity of gift transactions, especially when familial relationships are involved. This case is significant for legal practitioners focusing on property law and the nuances of gift transactions under the Civil Procedure Code. Keywords related to this case include 'gift mutation', 'fraud in gift transactions', 'property law', and 'Civil Procedure Code'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUJAHID MUSTAQEEM AHMED, JUSTICE
|
| Lawyers |
Walayat Umar Chaudhry for Petitioner,
Qamar Abbas Haidri for Respondent
|
| Petitioners |
RIASAT ALI
|
| Respondents |
MUHAMMAD ANWAR
|
| Citations |
2018 SLD 838,
2018 YLR 82
|
| Other Citations |
Mst. Hajran Bibi and another v. Mst. Maryam Bibi and another 2000 SCMR 1021,
Muhammad Sadiq and others v. Bashir Ahmad and others 2004 SCMR 1734,
Barkat Ali through Legal Heirs and others v. Muhammad Ismail through Legal Heirs and others 2002 SCMR 1938,
Syed Muhammad Baqir Shah v. Farida Sajid 2013 CLC 52,
Allah Ditta v. Manak alias Muhammad Siddique 2017 SCMR 402,
Noor Muhammad and others v. Mst. Azmat-e-Bibi 2012 SCMR 1373,
Muhammad Iqbal v. Mukhtar Ahmad through L.Rs. 2008 SCMR 855,
Khaliq Dad Khan v. Mst. Zeenat Khatoon and others 2010 SCMR 1370,
Mst. Raj Bibi and others v. Province of Punjab thorugh Distt. Collector, Okara and 5 others 2001 SCMR 1591,
Ilamud Din v. Syed Sarfraz 1999 CLC 312
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
115
|