The burden to establish the gift lay upon the appellant, which he failed to discharge and the fact that it was made by his father on the very day that he died makes it extremely suspect and unreliable.

 We have examined the said mutation wherein the acceptance of the gift by the appellant is not mentioned. It also came in evidence that Ghulam Haider had made the said gift on 3 May 1983, the very same day that he died. The burden to establish the gift lay upon the appellant, which he failed to discharge and the fact that it was made by his father on the very day that he died makes it extremely suspect and unreliable. Upon the death of a Muslim his/her legal heirs become the owners of the estate left by him/her and possession of any one of the co-owners is deemed to be the possession by all. This coupled with the fact that the sisters themselves had filed a suit in their lifetime was sufficient to sustain it and the reason given by the learned Judge of the Appellate Court for setting aside the judgment of the Civil Judge was not sustainable, which was rightly set aside through the impugned judgment. Neither the judgment of the Civil Judge nor that of the learned Judge of the High Court can be faulted.

This appeal being meritless is dismissed on merits as well as being time barred with costs throughout. We enquired from the learned counsel whether the sisters were still alive and he stated that out of six sisters only two survive. It is a matter of great regret that the laws of Almighty Allah and the law of Pakistan was not abided by the appellant, who brought forth a fictitious gift in his favour by depriving the legal heirs of their respective shares as prescribed by Islamic Shari’ah and on the basis of such manipulation the appellant managed to remain in possession till date, that is, after a period of almost thirty-eight years. However, the learned counsel states that since possession is with the appellant, execution has been filed. This is most unfortunate. First, retaining by fraudulent means the property and then compelling his sisters/their legal heirs to retrieve their God ordained share by filing execution proceedings. Therefore, we direct the District Collector, Charsadda, who we are informed to be the concerned Collector, to implement the decision of the Trial Court, which was sustained by the High Court and to endorse the names of the legal heirs of Ghulam Haider as per their respective shares prescribed by Islamic Shari’ah and to deliver possession to the respective parties within three months from today. Copy of the judgment passed today be sent to the respondents and to the District Collector, Charsadda for information and compliance.

Civil Appeal No. 46-P of 2020

Tahsinullah. Vs Mst. Parveen (deceased) through her L.Rs and others.