| Case ID |
5c93026c-f7b9-4dd2-a568-692a085e1dbd |
| Body |
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| Case Number |
Civil Appeal No. 286 of 1969 |
| Decision Date |
Dec 17, 1971 |
| Hearing Date |
Dec 17, 1971 |
| Decision |
After a thorough examination of the evidence and legal arguments presented by both the appellants and the respondents, the Supreme Court of Pakistan has dismissed the appeal with costs. The Court upheld the lower courts' findings that the gift deed executed by Ashiq Ali was not completed through the proper delivery of possession. Consequently, the revocation of the gift deed was deemed valid, and the creation of the waqf in favor of Anjuman-i-Islamia, Muzaffargarh, was affirmed. The decision reinforces the essential elements required for a valid gift under Muhammadan Law, emphasizing the necessity of a conscious, unequivocal, and distinct act of delivering possession by the donor. |
| Summary |
In the landmark case of Civil Appeal No. 286 of 1969, heard by the Supreme Court of Pakistan on December 17, 1971, the Court addressed pivotal issues concerning Muhammadan Law on gifts, specifically the essential elements required for a valid gift. The appellants, represented by senior advocates Mian Muhammad Shaf and Kh. Mushtaq Ahmad, challenged the revocation of a gift deed executed by the deceased Ashiq Ali, asserting that possession of the gifted land had been duly transferred to them. The respondents, including Anjuman-i-Islamia, Muzaffargarh, contested this claim, highlighting procedural deficiencies in the delivery of possession and the subsequent creation of a waqf.
The Supreme Court meticulously examined the lower courts' findings, which had previously favored the appellants by determining that the gift deed was executed without fraud or misrepresentation and that possession had been effectively delivered. However, upon reviewing the evidence, the Supreme Court concluded that the delivery of possession did not occur with the donor's explicit permission, thereby rendering the revocation of the gift deed valid.
Key legal principles were reaffirmed, emphasizing that under Muhammadan Law, a valid gift requires a clear declaration by the donor, an express or implied acceptance by the donee, and the seisin or delivery of possession of the gifted property. The Court underscored that mere verbal or written declarations without tangible delivery of possession do not suffice to complete the transfer of ownership. This decision has profound implications for property law and inheritance practices within the framework of Muhammadan jurisprudence, ensuring that the sanctity of gift transactions is maintained through stringent adherence to legal formalities.
The case also highlighted the role of Mukhtars in managing property disputes and the importance of lease deeds executed by tenants as evidence of possession. By dismissing the appeal, the Supreme Court reinforced the necessity for meticulous compliance with legal procedures in gift transactions, thereby safeguarding the rights of all parties involved and preventing potential abuses in property transfers. This judgment serves as a critical reference point for future cases involving property disputes, gift validity, and the execution of waqf within the legal landscape of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Anjuman-i-Islamia, Muzaffargarh
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED, JJ
|
| Lawyers |
Mian Muhammad Shaf, Senior Advocate Supreme Court,
Kh. Mushtaq Ahmad, Advocate-on-Record for Appellants,
M. Ismail Bhatti, Senior Advocate Supreme Court,
Ch. Muhammad Aslam Chatha, Advocate-on-Record for Respondent
|
| Petitioners |
ASHIQ HUSSAIN AND another
|
| Respondents |
ASHIQ ALI
|
| Citations |
1972 SLD 93 = 1972 SCMR 50
|
| Other Citations |
P L D 1964 S C 143ref.
|
| Laws Involved |
Not available
|
| Sections |
Not available
|