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1970 SCMR 275

GHULAM NABI Alias ALLAHDINO AND Others vs Mst. JIANDI AND Other

Citation1970 SCMR 275
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. K-13 of 1969 L. P. A. No. 78 of
Date1970-01-08
Judge(s)Waheeduddin Ahmad, Muhammad Yaqub Ali Khan
ResultLeave refused

ORDER

1. MUHAMMAD YAQUB ALI, J.-This petition for special leave to appeal is concluded by concurrent findings of fact by the Courts below that there was no proof of the gift of one-half share on 228acres of land allegedly made by the respondents in favour of the opponent No. 1.

2. The donors were pardanashin ladies. They were married and had their own children. It could not therefore be contemp--lated that they would deprive themselves of valuable property rights without consideration. The order attesting the mutation in the revenue record purported to have been based on the statements of the donors recorded by a Hindu Magistrate. The Magistrate was said to have migrated to India and the statements were not forthcoming. No attempt was made to summon the record of the statements or to prove their loss. The Courts below therefore, rightly concluded that no such statements were ever made by the donors.

3. The transfer if made would also have been hit by Act III of 1899 which enjoined that prior sanction of the Collector was necessary. It was the case of the appellant that sanction was obtained by hint after the gift had been made.

4. As, seen no substantial question of law arises for consideration of the Court. The petition for leave to appeal dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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