No avail to prove the transaction of gift and thus the gift incorporated in the impugned mutations stood unproved.

12. There is another aspect of the matter which has prompted me to interfere with the findings of the Courts below. The acceptance of gift was a personal act and, therefore, it was required to be proved by the donee through his own statement and attorney cannot substitute the donee under the law. In the present case defendant No.1 i.e. Muhammad Khan was donee of the transaction of gift as incorporated in mutation No.3846 dated 16.06.1999 (Exh.P-1) and mutation No.3850 dated 26.08.1999 (Exh.P2) and thus he was required to appear before the Trial Court as his own witness to make statement with regard to date, time, place and name of witnesses before whom he made the declaration to accept the offer of gift. Instead of appearing as his own witness, the defendant No.1 produced his attorney Iftikhar as DW-1. His statement as per principle settled in the cases of “Shah Nawaz and another v. Nawab Khan” (PLD 1976 Supreme Court 767) “Mst. Gumbad and others v. Member, Board of Revenue and others” (1996 SCMR 1755) “Muhammad Ejaz and 2 others v. Mst. Khalida Awan and another” (2010 SCMR 342) was of no avail to prove the transaction of gift and thus the gift incorporated in the impugned mutations stood unproved.

Part of Judgment

 THE LAHORE HIGH COURT LAHORE 

Civil Revision

1777836.955-15

2018 LHC 701