Mst. MAKHMURAN vs Mst. ARZUMANA AND Other — 1972 SCMR 629

Citation: 1972 SCMR 629

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-15

Parties: Mst. MAKHMURAN vs Mst. ARZUMANA AND Other

Headnotes

Case cited as 1972 SCMR 629

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq Title: Mst. MAKHMURAN vs Mst. ARZUMANA AND Other Case No.:Civil Petition for Special Leave to Appeal No. 42-P of 1971 K. S. A. No. 58 of 1964 Date of Judgment:1971-12-15 Reported As: 1972 SCMR 629 Result: Leave refused Judgment ORDER ANWARUL HAQ, J.-The petitioner, Mst. Makhmuran, and the respondent No. 1, Mst. Arzumana, are sisters. On the 18th of July 1960, the respondent, Mst. Arzumana, instituted a suit in the Court of the learned Senior Civil Judge at Mardan for a declaration to the effect that she was the owner of a house situated in village Takkar and land measuring 34 kanals and 17 marlas in village Fazal Abad of the Mardan district, and that a gilt deed purported to have been executed by her and registered on 17-2-55, gifting away the whole of her property to her sister Mst. Makhmuran was fictitious, without consideration and a result of fraud and undue influence. In the alternative she claimed possession of the land. The suit was dismissed by the trial Court on 1-5-62 on the ground of limitation as well as on the ending that the gift was valid. Thereupon the respondent No. 1 filed an appeal which was, however, dismissed by the learned Additional District Judge at Mardan on 6-11-63, holding that although the gift was invalid, having been made under undue influence, yet the suit was barred by time as it had not been brought within three years of the registration of the gift deed as…

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