| Case ID |
421d1a98-ebf5-4e44-8ab2-a59f10ad4fc8 |
| Body |
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| Case Number |
Civil Revision No. 1204 of 2011 |
| Decision Date |
Sep 13, 2017 |
| Hearing Date |
Sep 13, 2017 |
| Decision |
The Lahore High Court dismissed the civil revision challenging the validity of a gift deed executed on 30.11.1981 in favor of the respondent Ch. Muhammad Jameel. The court found that the burden of proof rested with the plaintiffs to establish allegations of fraud and misrepresentation regarding the gift deed. The plaintiffs failed to provide cogent evidence that the deceased was under any mental disability at the time of the execution of the gift deed. The court upheld the lower court's findings regarding the execution of the gift deed and the legitimacy of the sale deed claimed by the petitioners. The decision is significant as it underscores the importance of evidence in proving claims of mental incapacity and fraud in property transactions. |
| Summary |
This case revolves around the validity of a gift deed executed in favor of Ch. Muhammad Jameel. The petitioners challenged the deed, claiming it was executed under fraud and misrepresentation, asserting that the deceased was mentally incapacitated. However, the Lahore High Court upheld the previous courts' decisions, emphasizing that the burden of proof lies with the party alleging fraud. The court noted the absence of medical evidence or testimony supporting the claims of mental disability. The ruling highlights critical legal principles regarding the execution of gift deeds, the burden of proof in civil cases, and the requirements for establishing claims of fraud. The case illustrates the legal standards required to invalidate a gift deed and the importance of corroborative evidence in disputes over property rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Atir Mahmood, Justice
|
| Lawyers |
Tasawar Hussain Qureshi for Petitioners,
Muhammad Waheed Akhtar Mian for Respondents Nos.1 to 6,
Syed Ali Imran Naqvi for Respondents Nos. 2 to 7,
Ms. Shah Bano Bukhari for Respondents Nos. 2 to 7,
Ms. Saima Aslam for Respondent No. 7, present in person
|
| Petitioners |
Muhammad Mushtaq Bhutta through legal heirs
|
| Respondents |
6 others,
Ch. Muhammad Jameel
|
| Citations |
2018 SLD 1334,
2018 MLD 1090
|
| Other Citations |
Ashiq Hussain and another v. Ashiq Ali 1972 SCMR 50,
Maulvi Abdullah and others v. Abdul Aziz and others 1987 SCMR 1403,
Rab Nawaz and others v. Ghulam Rasul 2014 SCMR 1181,
Syed Niamat Ali and 4 others v. Dewan Jairam Dass and another PLD 1983 SC 5,
Messrs A.R. Builders (Pvt.) Ltd. v. Faisal Cantonment Board and 4 others PLD 2004 Kar. 492,
Alam Khan and 3 others v. Pir Ghulam Nabi Shah and Company 1992 SCMR 2375,
Industrial Development Bank of Pakistan v. Messrs Naqi Beverages (Pvt.) Ltd. and 7 others 2002 CLD 712
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| Laws Involved |
Not available
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| Sections |
Not available
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