Miserably failed to prove the execution of valid gift (Exh.D-1) i.e. the essential ingredients for a valid gift viz. offer, acceptance and delivery of possession, which are sine qua non for valid gift.

 3. Learned counsel for the petitioners contends that the respondent has miserably failed to prove the execution of valid gift (Exh.D-1) i.e. the essential ingredients for a valid gift viz. offer, acceptance and delivery of possession, which are sine qua non for valid gift. It is further contended that Exh.D-1 is an outcome of ante-dated arrangement and it ought to have been registered, without which the title of the property could not have been conferred upon the respondent-donee. Reliance in this regard has been placed on Allah Diwaya vs. Ghulam Fatima and others (PLD 2008 Supreme Court 73) and Muhammad Ejaz and 2 others vs. Mst. Khalida Awan and another (2010 SCMR 342). It is lastly contended that the judgments impugned being based on misreading and non-reading of evidence as well as misconstruing the provisions of law are unsustainable in the eye of law; hence, liable to be set-aside

Part of Judgment 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT
Civil Revision
752-12

2017 LHC 4748