GHULAM NABI Alias ALLAHDINO AND Others vs Mst. JIANDI AND Other — 1970 SCMR 275

Citation: 1970 SCMR 275

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-08

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

Headnotes

Case cited as 1970 SCMR 275

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: GHULAM NABI Alias ALLAHDINO AND Others vs Mst. JIANDI AND Other Case No.:Civil Petition for Special Leave to Appeal No. K-13 of 1969 L. P. A. No. 78 of 1966 Date of Judgment:1970-01-08 Reported As: 1970 SCMR 275 Result: Leave refused Judgment ORDER 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. 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. 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. As, seen no…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.