| Case ID |
389a8f6c-4f2f-40e6-8c64-c27aa12fbd8b |
| Body |
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| Case Number |
Civil Appeal No.59 of 2004 |
| Decision Date |
Aug 06, 2007 |
| Hearing Date |
|
| Decision |
The appeal was dismissed, affirming the judgment of the Additional District Judge, Rawalakot. The Court found that the gift-deed executed by Mirzaman Khan in favor of Muhammad Sharif was valid, and the objections raised by the other brothers regarding the non-delivery of possession were not substantiated. The Court held that the gift-deed was not time-barred, as it was executed in 1984 and the suit was filed in 1985. It also clarified that the death of Mirzaman Khan during the pendency of the suit did not invalidate the claims of the plaintiffs. The Court emphasized that actual delivery of possession is crucial in gifts between father and son, and that the essential elements of a valid gift were not met in this case. |
| Summary |
This case revolves around the validity of a gift-deed executed by Mirzaman Khan, transferring property to his son Muhammad Sharif. The other sons contested this gift, claiming it was legally invalid due to non-delivery of possession and alleging that a private arrangement existed for equal distribution of the property. The case highlights essential legal principles regarding gifts in Muhammadan law, specifically the necessity of possession delivery in gifts between relatives, and the implications of the Limitation Act in civil suits. The High Court ultimately upheld the lower court's decision, confirming the validity of the gift-deed. Key legal precedents were discussed, reinforcing the importance of adhering to legal formalities in property transfers. This case serves as a critical reference for understanding property law and familial rights under Pakistani jurisprudence. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAFIULLAH SULTANI, J
|
| Lawyers |
Sardar Muhammad Ejaz Khan,
Sardar Muhammad Suleman Khan
|
| Petitioners |
MUHAMMAD SHARIF KHAN
|
| Respondents |
another,
MUHAMMAD AZIZ KHAN
|
| Citations |
2008 SLD 625,
2008 CLC 131
|
| Other Citations |
PLD 1987 Lah. 654,
2004 YLR 512,
2003 CLC 301,
2003 MLD 67,
1997 MLD 2867,
2001 CLC 1115,
PLD 2007 Lah. 83,
AIR 1922 Lah. 295,
AIR 1927 Bom. 384,
AIR 1926 Mad. 6
|
| Laws Involved |
Limitation Act, 1908,
Muhammadan Law,
Civil Procedure Code (V of 1908),
Transfer of Property Act (IV of 1882),
Specific Relief Act (I of 1877)
|
| Sections |
91,
149,
150,
10,
122,
42
|