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2007 MLD 1769

GHULAM MUHAMMAD and another vs MUHAMMAD RAMZAN through. L.Rs,s

Citation2007 MLD 1769
CourtLahore High Court
Case No.Civil Revision No,661 of 2005
Date2006-06-01
Judge(s)Mian Saqib Nisar
ResultRevision dismissed

' MIAN SAQIB NISAR, J.---The land in dispute measuring 97 1/2 Kanals, was owned by one Haji Ahmad, who died issueless on 1-2-1999; the mutation of his inheritance bearing No, 200, dated 13- 2-1999, was effected in favor of the respondents as the collaterals. The petitioners aggrieved of the above mutation, filed a suit on 20-2-1999, on the assertion that Haji Ahmad in his life time had gifted the suit property to them orally and thereafter had executed a "Yadasht Hiba" (Exh.P1), dated 22-1-1999. The suit was contested by the respondents, issues were framed, parties were put to trial; Ghulam Muhammad, petitioner/ plaintiff himself appeared as P.W.1; examined his brother Ali Muhammad as P.W.2, who claims to be the scribe of the document; Khan Muhammad/P.W.3 and Muhammad Ramzan/P.W.4, appeared as the marginal witnesses of the "Yadasht". The learned trial Court has dismissed the suit holding, that the gift has also not been proved; this also remains to be the view of the learned Appellate Court.

2. I have heard the learned counsel for the parties and find, that there is no oral evidence about the time, date and place as to where the offer of gift was made by Haji Alimad to the petitioners, which was accepted by them and when and how the delivery of possession was made to the petitioners under the oral gift; the document Exh.P1 is not scribed by a professional but a private person, who is closely related to the petitioner; it is not on a stamp paper and the two Courts below have disbelieved the statements of the P. Ws. About the proof of Exh.P.1. I have myself read the evidence on the record and find, that the due execution of Exh.P.1, by Haji Ahmad is highly doubtful. Therefore, I am not convinced to interfere in the concurrent findings of fact recorded by the two Courts below.

Dismissed.

Cited by 2 cases

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