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Petitioner: DR. ABDUL QADIR NASIM AND ANOTHER VS Respondent: HUMAYUN AND OTHERS
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Muhammad Haleem Title: DR. ABDUL QADIR NASIM AND ANOTHER vs HUMAYUN AND OTHERS Case No.: C. R. No, 17 of 1982 Date of Judgment:1984-01-27 Reported As: 1984 SCMR 680 Result: Petition dismissed
Judgment ORDER ' MUHAMMAD HALEEM, ACTG. C. J.-In this ptition the question involved is as to whether the registered sale-deed, dated the 15th of July, 1979, was a- gift in . Favour of respondents Nos. 1 to 6 or a sale transaction, so as to give a right to the petitioners to maintain a suit for possession through pre- emption. ' The trial Court dismissed the suit on the 27th of May, 1981, holding that this instrument was a gift- deed. But this conclusion was reversed in appeal. The High Court in revision restored the order of the trial Court, It is again urged before us that this document should be construed as a sale-deed. The council is not able to show as to whether any considaration had passed. Further he is not able to support the reason of the appellate Court that the donor in the lifetime of his brothers and his wife would not make a gift in favour of his nephews. This was merely a conjectural consideration as the donor was not examined add no circumstance was brought to light to show that the gift was illusory. It is also immaterial if the gift deed is silent in regard to the services allegedly rendered by the respondents as that is not an essential ingredient to make the gift legally valid. Therefore, there is no reason for us to doubt the contents of the registered deed, which, in explicit terms, conveys the property as gift to the nephews. ' The petition, accordingly, has no merit, and is dismissed.