GHULAM NABI Alias ALLAHDINO AND Others vs Mst. JIANDI AND Other
This matter comes before the Supreme Court of Pakistan via a petition for special leave to appeal against concurrent findings of fact by the courts below regarding the lack of proof of a gift of land allegedly made by female respondents in favour of the first opponent. The core legal question was whether the lower courts erred in concurrently finding that the gift by pardanashin ladies without consideration and without proof of necessary statements or statutory sanction was invalid. The Supreme Court held that the concurrent findings were well-founded, noting that the donors were pardanashin ladies with their own children, the alleged statements before a magistrate could not be proved, and the transaction violated statutory requirements under Act III of 1899 necessitating prior sanction of the Collector. Consequently, the Court ruled that no substantial question of law arose and dismissed the petition for leave to appeal.
- Whether concurrent findings of fact regarding the absence of proof of a gift can be interfered with in a petition for special leave to appeal?
- Does a gift of valuable property by pardanashin ladies without consideration and without proper proof of statements require strict scrutiny?
- Is a transfer of land hit by Act III of 1899 when prior sanction of the Collector was not obtained?
- Act III of 1899
ORDER
1. MUHAMMAD YAQUB ALI, J.-This petition for special leave to appeal is concluded by concurrent findings of fact by the Courts below that there was no proof of the gift of one-half share on 228acres of land allegedly made by the respondents in favour of the opponent No. 1.
2. The donors were pardanashin ladies. They were married and had their own children. It could not therefore be contemp--lated that they would deprive themselves of valuable property rights without consideration. The order attesting the mutation in the revenue record purported to have been based on the statements of the donors recorded by a Hindu Magistrate. The Magistrate was said to have migrated to India and the statements were not forthcoming. No attempt was made to summon the record of the statements or to prove their loss. The Courts below therefore, rightly concluded that no such statements were ever made by the donors.
3. The transfer if made would also have been hit by Act III of 1899 which enjoined that prior sanction of the Collector was necessary. It was the case of the appellant that sanction was obtained by hint after the gift had been made.
4. As, seen no substantial question of law arises for consideration of the Court. The petition for leave to appeal dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.