Gift-Ingredients
(a) Islamic Law---
Gift---Ingredients---Dispute as to execution of gift---Non-joinder of necessary party---Effect---Contention of plaintiff was that suit property had been gifted in his favour---Suit was dismissed by the Trial Court but Appellate Court decreed the same---Validity---Plaintiff had not arrayed Secretary Board of Revenue as party in the suit---Suit was not maintainable due to non-joinder of necessary party---Ingredients of gift i.e. offer, acceptance and delivery of possession were not available to the plaintiff---Physical possession of suit property had not been transferred in his favour on the basis of gift---Impugned gift was defective in nature and was not enforceable under the law---If any of the conditions of gift was missing then it could not be termed as valid gift---Donor had expired in the year 1983 whereas gift deed was of 1984---Plaintiff had also not disclosed correct description of suit property, which had been recorded in the name of Provincial Government---Suit had been filed after lapse of thirty five years and was time barred---Party was to pursue his legal remedy with diligence and if suit was beyond limitation then each day delay should have been explained---Impugned judgment passed by the Appellate Court did not contain findings on each and every issue---Trial Court had passed well-reasoned and speaking judgment and decree based on correct appraisal of evidence---Appellate Court had reversed the findings of Trial Court without any valid and convincing grounds---Impugned judgment and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was allowed, accordingly.
Principle of Muhammadan Law by D.F. Mulla para. 138; Mst. Rasheeda Bibi and others v. Mukhtar Ahmed and others 2008 SCMR 1384; Hakim Muhammad Buta and another v. Habib Ahmed and others PLD 1985 SC 153; Murad Bakhsh and 4 others v. Mst. Syeda Ashraf Jahan and 4 others 2017 CLC 646 and Muhammad Raz Khan v. Government of N.W.F.P and another PLD 1997 SC 397 rel.(
b) Islamic Law---
Gift---Ingredients---Ingredients of gift were offer, acceptance and delivery of possession.
No comments:
Post a Comment