 |
| Hiba not proved |
ہبہ کا انتقال، قبضہ ثابت نہ ہونے پر منسوخ — ہائی کورٹ کا اہم فیصلہ
⚖️ ہائی کورٹ کا فیصلہ
📌 منفرد نکتہ
Must read Judgment.
2026 CLC 1391
[Peshawar (Abbotabad Bench)]
Before Sadiq Ali, J
MISRI KHAN-Petitioner
Versus
Mst. FAROOQ JAN and others ---Respondents
Civil Revision No. 39-A of 2013, decided on 20th October, 2025.
(a) Specific Relief Act (I of 1877)---
A 21
K/s
----S.42--Gift mutation, challenge to---Fraud, forgery and collusion, allegation of---Onus upon beneficiary to prove genuineness of transaction-Partial cancellation of mutation-Legality-Trial Court decreed the suit in favour of the petitioner/plaintiff-Appellate Court partially modified the decree and ordered cancellation of the gift mutation only to the extent of the shares of the plaintiff and proforma defendant No. 5---Petitioner/plaintiff assailed the appellate judgment by filing the present civil revision petition-Legal question before the High Court was whether a gift mutation alleged to have been procured through fraud, forgery and collusion could be sustained against the inheritance rights of legal heirs, and whether the Appellate Court was justified in restricting its cancellation only to the shares of certain co-sharers---Held: Respondent No. 1, being the beneficiary of the gift mutation, failed to discharge the legal burden by proving the genuineness of the transaction-Moreover, in the absence of delivery and acceptance of possession, the gift remained incomplete, inoperative and unenforceable---Impugned judgment and decree passed by the Appellate Court could not be not be sustained and were set aside---Present civil revision petition was allowed, in circumstances.
Muhammad Dawood v. Mst. Sakeena Farooque alias Aziza and others 2025 SCMR 1229 and Hidayat Khan and others v. Mst. Nasreen and others PLD 2025 SC 502 rel.
Mst. Sadiqan Begum v. Muhammad Siddique 2025 CLC 1158 ref.
-Mutation--Fraudulent transaction, allegation of---Proof-Onus-When a mutation was challenged on the ground of fraud, forgery or misrepresentation, the beneficiary of such mutation had to independently prove the original transaction which formed its basis.
(b) Fraud---
(c) Fraud---
----Fraudulent transaction--Effect---Once a transaction was found to be fraudulent, it could not be partially sustained---Fraud vitiates
even the t solemn proceedings.
Zaheer Khan Jadoon for Petitioner.
Gul Shahreen Khan Jadoon for Respondents.