13/2010 II.A. Allah Bachayo & Others (Appellant) V/S Sain Bux & Others (Respondent)

13/2010 II.A. Allah Bachayo & Others (Appellant) V/S Sain Bux & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 30-SEP-15

(a) Gift--- ----Gift deed was executed by pardanasheen lady---Effect---Contention of plaintiffs was that alleged gift was not executed and signed by the donor---Suit was dismissed by the Trial Court but was decreed by the Appellate Court---Validity---Plaint and evidence produced by the plaintiffs were silent with regard to ingredients of gift---Plea of pardanasheen lady was available only if she had denied the execution of document---Stranger to the gift could not dispute that execution of the same was not proper since it was executed by a pardanasheen lady---Mere fact that donor was a pardanasheen lady was not fatal to the execution of gift as she had gifted the property in presence of her nephew and other independent witnesses to the donees---Findings recorded by the Appellate Court were contrary to record and evidence as well as law which were set aside---Second appeal was allowed in circumstances. [Paras. 12, 15 and 16 of the judgment] (b) Islamic law--- ----Gift---Ingredients---Ingredients of gift were offer, acceptance and delivery of possession of corpus of gift. [Para. 12 of the judgment] Bashir Ahmed v. Mst. Taja Begum and others PLD 2010 SC 906; Syed Abdullah Shah and 3 others v. Abdul Ghaffar and another PLD 1988 Quetta 60; Mst. Farrukh Sultana v. Messrs Darul Aloom Amjadia 1989 MLD 3795; Muhammad Ibrahim v. Province of Sindh through D.C.O. Revenue and 4 others PLD 2013 Sindh 501; Noor Muhammad and other v. Mst. Azmat-e-Bibi 2012 SCMR 1373 and Abdur Rehman v. Khalilur Rehman and others 1996 (W.P. Pesh.) 121 distinguished. Mst. Bai and 3 others v. Province of Sindh and others 2014 YLR 1244 and Muhammad Sadiq and others v. Bashir Ahmed and others 2004 SCMR 1734 rel.