REHMAT ALI deceased through L.Rs,s vs Mst. KARAM BIBI and otherss
This petition for leave to appeal challenged a Lahore High Court judgment that dismissed the petitioners' suit regarding the validity of a gift deed. The petitioners, heirs of the donor's brother, contested the gift deed executed by the donor in favor of his wife and others, alleging it was made during 'Marzul Maut' (death illness). The trial court initially decreed the suit, but subsequent appellate proceedings involved disputes over an alleged compromise and the merits of the gift. The High Court, upon remand, determined that no compromise had occurred and that the donor was not suffering from a disease inducing a belief of imminent death at the time of the gift. The Supreme Court reviewed the evidence and affirmed the High Court's findings, noting that the gift deed was substantiated by credible evidence and that the 'Marzul Maut' claim was unfounded. Consequently, the Supreme Court held that the gift was valid, dismissed the petition, and declined leave to appeal, affirming that the donor's condition did not meet the legal threshold for 'Marzul Maut'.
- Does a gift made by a person not suffering from a disease inducing the belief of imminent death constitute a valid transfer?
- Can a plea of compromise be used to deprive parties of rights accrued through a formal gift deed when the compromise is not proven?
' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 3-12-2002 whereby a learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur, set aside the determinations of the two Courts below and consequently, the suit filed by the petitioners was dismissed.
2. Facts briefly are that Rehmat Ali predecessor-in-interest of the petitioners was real brother of Noor Muhammad predecessor-in-interest of the respondents. Noor Muhammad gifted his property in the name of his wife Mst. Karam Bibi and paternal grand daughter Mst. Sharifan Bibi and one Maulvi Muhammad Ashraf to the extent of 64 Kanals, 32 Kanals and 4 Kanals respectively. The petitioners filed a declaratory suit challenging the gift-deed, dated 19-2-1977 on the ground that the same has been allegedly executed during the "Marzul Maut" as in those days he was lying on death bed. The respondents controverted the same and out of contradictory pleadings, issues were framed. The parties led their evidence and the learned trial Court through judgment, dated 10-11-1977 decreed the suit. The appeal filed by the respondents was decided on the basis of a compromise, entered between the parties, by the learned. Additional District Judge, Bahawalnagar on 13-4-1982. The respondents filed a revision petition taking up the stance that no compromise was effected between the parties. The learned Single Judge of the Lahore High Court remanded the case to the First Appellate Court for decision and to determine whether any compromise was effected between the parties.
3. The learned First Appellate Court framed the issue qua the authenticity of the compromise and recorded the evidence of the parties. He, however, dismissed the appeal on merits on 7-11-1989 holding that no compromise was effected between the parties. Thereafter, they filed a revision petition out of which the present impugned judgment has emanated.
4. We have considered the contentions raised by the learned counsel for the petitioners and have gone through the documents appended with this petition. Admittedly, the gift deed was made by the predecessor-in-interest of the respondents who was not suffering from any serious disease.
The learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur, after elaborate discussion and thrashing the entire evidence, dismissed the same on 3-12-2002. It has come on record that the disease of the donor was not of such nature which would otherwise induce the belief in one's mind that the death would be caused thereby. It is also pertinent to mention here that no compromise whatsoever was effected between the parties and this plea was simply taken by the petitioners to deprive the other side of their legal right which had accrued to them by the formal execution of the gift-deed. The respondents' side has substantiated the execution of the gift-deed through confidence inspiring evidence. The learned counsel for the petitioners has failed to point out any illegality or legal infirmity in the impugned judgment.
5. Resultantly, for what has been stated above, the instant petition has no merit, which is accordingly dismissed. The leave to appeal is declined.
Cited by 1 case
- MUHAMMAD MUSHTAQ vs AURANGZAIB 2014 YLR 1575