| Case ID |
e0f7d372-34d8-4239-95ce-aab89d225f65 |
| Body |
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| Case Number |
Civil Revision No. 196 of 2004 |
| Decision Date |
Nov 16, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision petition filed by the petitioners-plaintiffs, challenging the judgment and decree passed by the Addl. District Judge, Bahawalnagar, which reversed the trial court's decree in favor of the petitioners regarding a suit for declaration based on an alleged gift deed. The court found that the plaintiffs failed to prove the essential elements of a gift, including offer, acceptance, and delivery of possession. The alleged gift deed was deemed unregistered and insufficient to confer rights, leading to the conclusion that the suit was not competent under the Specific Relief Act. The initial decree was declared a nullity, affirming the appellate court's decision. |
| Summary |
In the case of Civil Revision No. 196 of 2004 decided by the Lahore High Court, the core issue revolved around the validity of a gift deed and the petitioners' claim for ownership based on it. The petitioners, who were the children of the donor, alleged that their father gifted them a substantial piece of land. However, the court determined that the petitioners did not adequately establish the facts surrounding the gift, including the necessary legal formalities for a valid gift under Islamic Law and the Registration Act. The court emphasized the importance of proving the factum of gift independent of any written instrument and highlighted deficiencies in the plaintiffs' evidence. The appellate court's ruling that the trial court's decree was a nullity was upheld, ultimately leading to the dismissal of the revision petition. This case underscores the critical role of legal formalities in the transfer of property rights, particularly in the context of gift deeds, and reinforces the necessity for petitioners to substantiate their claims with compelling evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIN-UD-DIN KHAN, J
|
| Lawyers |
Aejaz Ahmad Ansari,
Mian Muhammad Tayyib Watto
|
| Petitioners |
ARSHAD AHMAD alias M. ARSHAD and others
|
| Respondents |
MUHAMMAD YAR and others
|
| Citations |
2012 SLD 2786,
2012 PLD 483
|
| Other Citations |
Not available
|
| Laws Involved |
Islamic Law,
Registration Act (XVI of 1908),
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
17,
49,
42,
115(1)
|