| Case ID |
3ad89cf4-468c-4b76-8949-f194f30d4754 |
| Body |
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| Case Number |
Civil Revision No. 130272 of 2018 |
| Decision Date |
Mar 04, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petition filed by Mubashir Hussain, affirming the judgments and decrees passed by the lower courts. The court determined that the petitioner failed to prove the alleged gift deed in favor of the petitioner from his mother, Mst. Sagheer Fatima, as the foundational elements of a valid gift were not established. The court emphasized the onus of proof lies with the beneficiary of the gift, especially in cases involving illiterate or pardanashin women. The court found that no credible evidence was provided to substantiate the claim of gift, and thus the claims of the respondents were upheld. The decision highlighted the importance of adhering to legal requirements in transactions involving vulnerable individuals to prevent fraud and ensure justice. |
| Summary |
In the case of Civil Revision No. 130272 of 2018, the Lahore High Court addressed the complexities surrounding a disputed gift deed involving the petitioner, Mubashir Hussain, and the respondents, Syed Hussain Abbas and Syed Hassan Jahanyan. The case revolved around the alleged gifting of property by their deceased mother, Mst. Sagheer Fatima, to the petitioner. The court scrutinized the evidence presented, noting the challenges inherent in transactions involving illiterate and pardanashin women. The court ruled that the petitioner did not meet the burden of proof required to validate the gift, emphasizing that the existence and execution of such documents must be established with credible evidence. The ruling reinforces the legal standards protecting the rights of vulnerable parties in property transactions and underscores the necessity of due diligence in estate matters, particularly when familial relationships and inheritance rights are at stake. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Rasaal Hasan Syed
|
| Lawyers |
Imran Abbas Sindhu
|
| Petitioners |
Mubashir Hussain
|
| Respondents |
,
Syed Hussain Abbas,
Syed Hassan Jahanyan
|
| Citations |
2019 SLD 2421,
2019 CLC 1417
|
| Other Citations |
Phul Peer Shah v. Hafeez Fatima 2016 SCMR 1225,
Arshad Khan v. Mst. Resham Jan and others 2005 SCMR 1859,
Fayyaz Hussain and others v. Haji Jan Muhammad and others PLD 2018 SC 698,
Ghulam Farid and another v. Sher Rehman through LRs 2016 SCMR 862,
Fareed and others v. Muhammad Tufail and another 2018 SCMR 139,
Shah Muhammad and 2 others v. Dulla and 2 others 2000 SCMR 1588
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
12(2),
127
|