Citation Name : 2003 SCMR 41 SUPREME-COURT Side Appellant : MUHAMMAD YAQOOB Side Opponent : FEROZE KHAN Islamic Law ----Gift---Proof---Challenge to verbal gift mutation in civil suit---Trial Court decreed the suit, which decree was upheld by Appellate Court and concurred by High Court---Validity---Uncalled for pivotal role, which smacked of mala fides, had been played by Girdawar, who had allegedly got recorded statement of donor (ninety years old) and on the basis whereof verbal gift mutation had been made to get disputed land mutated with connivance of patwari ---Girdawar had not acted in accordance with order of tehsildar as no such order could be produced , which only found mention at the back of mutation entry having no legal sanctity whatsoever ---Girgdawar had not appeared before any Court to prove that he had recorded statement of donor under direction of tehsildar ---Possession of disputed land had never been hand ed over to defendant and no evidence would be required in this regard as defendant had admitted same himself---No one would like to make any admission against his own interest unless same was true---Such principle had rightly been taken into consideration by Courts below---Delivery of possession being an essential ingredient to constitute a valid gift was lacking in the case---No justification appeared for exclusion of legal heirs from inheritance of donor, which made the authenticity and genuineness of gift doubtful---Impugned judgment was correct, just and did not suffer from any jurisdictional error and legal flaw calling for interference by Supreme Court concurrent findings of fact arrived at by Courts below---Supreme Court dismissed the petition for leave to appeal being devoid of merits.
Posted on: Mon, 26 Jan 2015 15:04:09 +0000
Trending Topics
Recently Viewed Topics
© 2015