2004 S C M R 1734
2004 S C M R 1734
[Supreme Court of Pakistan]
Present: Mian Muhammad Ajmal and Tanvir Ahmed Khan, JJ
MUHAMMAD SADIQ and others---Petitioners
Versus
BASHIR AHMAD and others---Respondents
Civil Petitions for Leave to Appeal No. 1929/L and 1930/L of 1999, decided on 27th June, 2002.
(On appeal from the order, dated 9-9-1999. of the Lahore High Court, Lahore, passed in Civil Revisions Nos. 1355 and 1356 of 1999).
Islamic Law---
----Gifts---Registered gift-deed---Proof---Possession of suit property was with defendants---Predecessor-in-interest of parties had gifted the suit property to the defendants out of his free-will before his death --- Factum of gift had been supported by the evidence of scribe, marginal witnesses and Sub-Registrar, who registered the disputed gift-deed---All the legal formalities were undertaken before registering the gift-deed---Two Courts below after evaluating the evidence upheld the factum of gift which had been maintained by High Court---Validity---Plaintiffs failed to point out any legal infirmity or misreading in the judgment passed by the Courts below warranting interference by Supreme Court---Leave to appeal was refused.
Mahmood A. Qureshi, Advocate-on-Record for Petitioners.
Nemo for Respondents.
Date of hearing: 27th June, 2002.
ORDER
TANVIR AHMED KHAN, J.---------Leave to appeal is sought against the order, dated 9-9-1999 passed by a learned Single Judge of the Lahore High Court, Lahore whereby Civil Revisions No.1355 and 1356 of 1999 filed by the petitioners were dismissed.
Briefly stated facts of the case are that Muhammad Sadiq etc. filed a declaratory suit taking exception to the registered gift-deed in favour of the respondents whereby late Munshi Ghulam Haider, predecessor-in-interest of the parties, gifted agricultural land measuring 32 Kanals in favour of respondents Nos.1 and 2. Another suit for permanent injunction was filed by the respondents to the effect that they are owners in possession of the disputed land being gifted by their father and the petitioners/defendants Muhammad Sadiq etc. be restrained from interfering in their possession. Both the suits were consolidated, out of contradictory pleadings of the parties issues were framed, parties led their evidence and the learned Civil Judge 1st Class, Toba Tek Singh, through his judgment, dated 31-3-1995 dismissed the suit of the petitioners and decreed that of the respondents. The petitioners filed two appeals assailing the above judgment of the trial Court, which were dismissed through a consolidated judgment, dated .21-5-1999 by the learned Additional District Judge, Gojra at Toba Tek Singh. Two Civil Revisions bearing Nos.1355 and 1356 of 1999 preferred by the petitioners before the Lahore High Court also met the same fate and were dismissed by a learned Single Judge through his order, dated 9-9-1999, impugned herein. Hence, these petitions for leave to appeal.
We have considered the arguments raised by the learned counsel and have examined the documents brought on record with his assistance. We have noticed that possession of the disputed property is with the respondents. The predecessor-in-interest of the parties died on 13-2-1992. The factum of gift has been supported by the evidence of scribe, marginal witnesses and the Sub-Registrar who registered the disputed gift-deed. The latter in his testimony had categorically deposed that the late donor had gifted the disputed property to the respondents out of his free-will. He before registering the gift-deed undertook all the legal formalities. The two Courts below after evaluating the evidence threadbare upheld the factum of gift which has been maintained by the learned Single Judge of the Lahore High Court. Learned counsel for the petitioners has failed to point out any legal infirmity of misreading in the, impugned order warranting interference by this Court.
Resultantly, for what has been stated, the present petitions being without any merit are hereby dismissed and leave declined.
M.H./M-736/S Petition dismissed.
[Supreme Court of Pakistan]
Present: Mian Muhammad Ajmal and Tanvir Ahmed Khan, JJ
MUHAMMAD SADIQ and others---Petitioners
Versus
BASHIR AHMAD and others---Respondents
Civil Petitions for Leave to Appeal No. 1929/L and 1930/L of 1999, decided on 27th June, 2002.
(On appeal from the order, dated 9-9-1999. of the Lahore High Court, Lahore, passed in Civil Revisions Nos. 1355 and 1356 of 1999).
Islamic Law---
----Gifts---Registered gift-deed---Proof---Possession of suit property was with defendants---Predecessor-in-interest of parties had gifted the suit property to the defendants out of his free-will before his death --- Factum of gift had been supported by the evidence of scribe, marginal witnesses and Sub-Registrar, who registered the disputed gift-deed---All the legal formalities were undertaken before registering the gift-deed---Two Courts below after evaluating the evidence upheld the factum of gift which had been maintained by High Court---Validity---Plaintiffs failed to point out any legal infirmity or misreading in the judgment passed by the Courts below warranting interference by Supreme Court---Leave to appeal was refused.
Mahmood A. Qureshi, Advocate-on-Record for Petitioners.
Nemo for Respondents.
Date of hearing: 27th June, 2002.
ORDER
TANVIR AHMED KHAN, J.---------Leave to appeal is sought against the order, dated 9-9-1999 passed by a learned Single Judge of the Lahore High Court, Lahore whereby Civil Revisions No.1355 and 1356 of 1999 filed by the petitioners were dismissed.
Briefly stated facts of the case are that Muhammad Sadiq etc. filed a declaratory suit taking exception to the registered gift-deed in favour of the respondents whereby late Munshi Ghulam Haider, predecessor-in-interest of the parties, gifted agricultural land measuring 32 Kanals in favour of respondents Nos.1 and 2. Another suit for permanent injunction was filed by the respondents to the effect that they are owners in possession of the disputed land being gifted by their father and the petitioners/defendants Muhammad Sadiq etc. be restrained from interfering in their possession. Both the suits were consolidated, out of contradictory pleadings of the parties issues were framed, parties led their evidence and the learned Civil Judge 1st Class, Toba Tek Singh, through his judgment, dated 31-3-1995 dismissed the suit of the petitioners and decreed that of the respondents. The petitioners filed two appeals assailing the above judgment of the trial Court, which were dismissed through a consolidated judgment, dated .21-5-1999 by the learned Additional District Judge, Gojra at Toba Tek Singh. Two Civil Revisions bearing Nos.1355 and 1356 of 1999 preferred by the petitioners before the Lahore High Court also met the same fate and were dismissed by a learned Single Judge through his order, dated 9-9-1999, impugned herein. Hence, these petitions for leave to appeal.
We have considered the arguments raised by the learned counsel and have examined the documents brought on record with his assistance. We have noticed that possession of the disputed property is with the respondents. The predecessor-in-interest of the parties died on 13-2-1992. The factum of gift has been supported by the evidence of scribe, marginal witnesses and the Sub-Registrar who registered the disputed gift-deed. The latter in his testimony had categorically deposed that the late donor had gifted the disputed property to the respondents out of his free-will. He before registering the gift-deed undertook all the legal formalities. The two Courts below after evaluating the evidence threadbare upheld the factum of gift which has been maintained by the learned Single Judge of the Lahore High Court. Learned counsel for the petitioners has failed to point out any legal infirmity of misreading in the, impugned order warranting interference by this Court.
Resultantly, for what has been stated, the present petitions being without any merit are hereby dismissed and leave declined.
M.H./M-736/S Petition dismissed.
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