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| Oral gift |
زبانی ہبہ ثابت کرنے کی ذمہ داری مدعی پر ہوتی ہے — پشاور ہائی کورٹ (2026 CLC 1034)
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Must read Judgement
2026 CLC 1034
[Peshawar (Mingora Bench)]
Before Sabit Ullah Khan, J
MUSHTAQ AHMAD and others ---Petitioners
versus
Mst. PASS BIBI and others ---Respondents
C.R. No. 178-M of 2017, decided on 12th May, 2025.
Mushtaq Ahmad v. Pass Bibi (Sabit Ullah Khan, J)
1035
(6) Specific Relief Act (1 of 1877)-
5.42-Suit for declaration---Claim based on alleged oral gift by original owner in favour of plaintiffs' predecessor-Oral gift Proof-Essential ingredients, proving of Burden of proof-Brief facts were that the petitioners filed a suit for declaration of ownership of a disputed house on the basis of inheritance from their father, claiming that the original owner had gifted his half share to him during his lifetime; the suit was dismissed by the Trial Court, the appeal was also dismissed, and the respondents' cross-objection was partly allowed, whereafter the petitioners filed the present civil revision under S.115, C.P.C.---The issue for determination was whether the concurrent findings of the Courts below on the alleged grul gift and ownership of the house called for interference in revisional jurisdiction?"---Held: Petitioners/plaintiffs failed to establish three essentials of a valid gift through credible, direct and reliable evidence---Even the plaint lacked the specific details such as the date, time, and place of the alleged gift---Petitioners had not even mentioned the correct description of the house, which indicated that, as per the respondents' contention, the petitioners had already old it---The subsequent sale deeds regarding the house were also duly proved by the respondents---Present petition being devoid of merit was dismissed, in circumstances. [pp. 1037, 1039] B & E
Muhammad Srawar v. Mumtaz Bibi and others 2020 SCMR 276; Naveed Akram and others v. Muhammad Anwar 2019 SCMR 1095; Mst. Saadia v. Mst. Gul Bibi 2016 SCMR 662; Islam-ud-din through L.Rs and others v. Mst. Noor Jahan through L.Rs and others 2016 SCMR 986 and Peer Baksh through L.Rs and others v. Mst. Khanzadi and others 2016 SCMR 1417 rel.
106 ref. Muhammad Durwaish v. Haji Muhammad Hussain 1999 CLC
(b) Gift---
---A gift may oral or written, however, the donee must prove offer, acceptance and delivery of possession of the gifted property. [p. 1037] A
(c) Qanun-e-Shahadat (10 of 1984)---
-Arts.117 & 120---Plaintiff must succeed on the strength of his own case rather than weaknesses of the defendants. [p. 1039] C
(d) Civil Procedure Code (V of 1908)---
O.XIV, R.1---The issue of framing or non-framing of a particular issue loses its significance after recording of the evidence. [p. 1039] D
1036
CIVIL LAW CASES
[Vol. XL
2024
Eada Khan v. Mst. Ghanwar and others 2004 SCMR 1524 lea
Amjad Akram v. Mst. Asiya Kausar and 02 others 2015 SCMR 01 resu
civ
(e) Civil Procedure Code (V of 1908)---
C -S.115---Revisional jurisdiction of the High Court-Concumbe findings---Interreference, scope of-Concurrent findings can only set aside or interfered with if there is any illegality, misreading or reading of the evidence. [p. 1040] F th
Muhammad Idress and others v. Muhammad Pervaiz and othe 2010 SCMR 5; Alamgir Khan through Legal Heirs and others v. H Abdul Sittar Khan and others 2009 SCMR 54 and Moulvi Muhamm Azeem v. Alhaj Mehmood Khan Bangesh and another 2010 SCMR 81 rel.
Azim Khan for Petitioners.
Mian Hussain Ali for Respondents.
Date of hearing: 12th May, 2025.