47/2013 H.C.A Haroon Zia Malik (Appellant) V/S Mst. Fariha Razzak and others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
47/2013 H.C.A Haroon Zia Malik (Appellant) V/S Mst. Fariha Razzak and others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam Order Date: 21-NOV-17
Plaintiff was owner of suit property who voluntarily gifted the same to the donee-wife---Trial Court had correctly appraised the evidence while recording his findings---Impugned gift deed was not a forged and fabricated document but same had been signed by the donor---Suit property had been gifted in favour of defendant who was wife of donor at the relevant time---Ingredients of gift were offer, acceptance and delivery of possession which were present in the case---Possession of suit property was already with the donee which till date continued to be with her---If husband had made a gift of anything to his wife or vice-versa then it could not be retracted---Transaction in question was not a financial one but it was gift of which a reciprocal financial obligation was not a consideration---Provisions of Arts. 17 & 79 of Qanun-e-Shahadat, 1984 were not applicable in the matter of gift---Gift did not require a compulsory registration---Donor did not suffer any mental distress at the hand of donee---Impugned judgment did not suffer from any infirmity or illegality---Appeal was dismissed in circumstances.