3. M/s. Maqbool Elahi Malik, Ch. Khalil Ahmed, Muhammad
Umar Riaz, Muhammad Sajid Chaudhry, Shahzada Babar and
Hassan Iqbal Warriach, Advocates appearing on behalf of Civil
Revisioners/beneficiaries inaugurally emphasized that mere
affirmation of plaintiffs regarding denial of ownership rights of the
defendants/beneficiaries did not absolve them of their obligation to
produce cogent evidence in order to substantiate their assertions,
who not only failed to lead tangible evidence, but also remained
unsuccessful to plead and prove the alleged forgery with regard to
acknowledgement of gift executed by Maula Bakhsh in their favour
was not well founded. Ex facie Paras-4 to 7 of the plaint of
respondent No.1 were very much elaborated to disclose the
wrongdoings engineered by beneficiaries to usurp the shares of the
other co-owners. Moreover, the moment Ch. Muhammad
Khursheed/plaintiff (PW1) while appearing in the witness-box
deposed that their father had never alienated the house and his
brothers/beneficiaries had managed fictitious documents through
forgery, onus was shifted upon the latters to prove the original
transaction as well as documents executed in this regard. Reliance can be placed upon judgment reported as “Allah Ditta and others Vs.
Manak alias Muhammad Siddique and others (2017 SCMR 402).
Before embarking any further, I would like to add that under
the Mohammadan Law, a gift, in order to be valid and binding upon
the parties, must fulfil the following conditions:-
(a) a declaration of gift by the donor;
(b) acceptance of gift by the donee; and
(c) delivery of possession of corpus.
On the accomplishment of these ingredients, a valid gift comes into
existence. A written instrument in any case would not create a gift
but was mere piece of paper to record a past transaction and in such
eventuality it was sine qua non for its gainer to independently prove
the aforenoted three components of the gift besides the execution of
the document as well.
Part of Judgment
Lahore High court
Civil Revision
1759717.546-15
2018 LHC 2949
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