alidity of Gift Under Muhammadan Law and Rebuttal of Revenue Records

Panel: Manzoor Hussain Sial and Riaz Ahmad, JJ.

This case, Regular First Appeal No. 11 of 1968/BWP, decided on March 24, 1986, involved Mst. Ghulam Sughran and others as Appellants against Sahibzada Ijaz Hussain and others as Respondents. The core legal issue revolved around the essentials of a valid gift under Muhammadan Law, which requires a declaration of gift by the donor, an express or implied acceptance by the donee, and delivery of possession of the gifted property. The appellants challenged the validity of certain gift transactions, contending that the entries in the record-of-rights, which are presumed to be correct under Section 52 of the West Pakistan Land Revenue Act, were rebuttable. The court considered the non-production of the Revenue Officer who attested the mutation or any other witness testifying to the transaction, which diminished the evidentiary value of the revenue record entries, especially when faced with documentary evidence from the plaintiffs proving the donor continued to deal with the property post-gift.

The court further addressed the issue of res judicata, determining that a previous suit, which did not challenge the alienation of property by gift or claim possession as heirs, did not operate as res judicata in the current case, as the subject-matter was different. Another point of contention was the non-impleading of Muhammad Siddiq as a defendant, who had obtained land in exchange from one of the donees. The court held that non-impleading him would not render the decree ineffective against the property in dispute. Ultimately, the plaintiffs’ appeal was allowed in respect of certain properties (Nos. 1, 2, 4, 5, and 6), granting them a decree for joint possession of a 24/48 share, while their appeal for Property No. 3 was dismissed. The counter-appeal was also dismissed, with parties bearing their own costs.

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