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.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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