2023 SCMR 2012
HAYAT MUHAMMAD vs MUHAMMAD RIAZ
Donor seeking cancellation of gift---Record suggested that upon the oral gift, the mutation in question was effected by the donor in the name of the donee/respondent---Subsequently in a suit for possession through right of pre-emption filed by the donor's niece against the respondent, the donor appeared before the court and made a statement under oath, acknowledging that he gifted the disputed property to the respondent and thereafter transferred it to the name of the respondent in the revenue record through the mutation in question---Trial Court held that the respondent was in possession of the property and had declared that it was a result of a valid gift---Said judgment had attained finality and had not been challenged by the donor or his successors till date---Donor's statement in the pre-emption suit before the competent court of law proved his bona fide intention, free will, and consent and thereby, confirmed the execution of a valid gift and acceptance of the mutation in question in the previous litigation---Revenue record reflected that the donor himself appeared before the revenue authorities and signed the mutation in question in presence of the revenue authorities and the witnesses---Declaration of gift by the donor gathered strength by the civil transaction between him and the respondent with regard to transfer of the property through the mutation in question---Under such circumstances, the donor could not resile from his deeds, hence, was estopped to challenge the validity of the gift on any ground---Statement of the donor before the Trial Court in the present proceedings revealed that he did not say anything with regard to fraud as alleged by him in the plaint, nor had he produced any evidence in this behalf, as such, the donor was unable to prove the allegation of fraud---In such circumstances successors of the donor were not entitled to seek cancellation/revocation of the valid gift--
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