1989 SCMR 309

Mst. MATAB BIBI vs SHAMIM AKHTAR and others

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Citation1989 SCMR 309

CourtSupreme Court of Pakistan

Case No.Civil Petition No, 342 of 1982

Date1988-08-01

Judge(s)Muhammad Afzal Zullah and Javid Iqbal

Authored byMuhammad Afzal Zullah

ResultLeave granted

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This matter concerns a petition for leave to appeal filed by a defendant (donee) against the High Court's dismissal of her civil revision in a declaratory suit. The core legal question presented to the Supreme Court is whether, in the event a gift is annulled, the portion of the gift corresponding to the donor's own share (specifically one-fourth) should be preserved and allowed to remain intact under the relevant Shariat Application Laws. The petitioner relies on the precedent established in Hadayat v. Mehtab Bibi (1972 SCMR 243) to argue that the lower courts erred by failing to consider the partial validity of the gift. The Supreme Court, finding that the question raised requires further examination, granted leave to appeal. The Court directed that the appeal be prepared on the existing record, with liberty to file additional necessary documents, thereby setting the stage for a determination on whether a gift can be partially upheld regarding the donor's rightful inheritance share despite the annulment of the remainder.

Questions settled in this judgment

Can a gift be partially upheld regarding the donor's own share of inheritance if the remainder of the gift is annulled?
Does the annulment of a gift in a declaratory suit necessitate an examination of the donor's specific share under Shariat Application Laws?

leave to appealdeclaratory suitgiftShariat Application Lawsinheritance sharecivil revision

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--A defendant (donee) in a declaratory suit has sought leave to appeal against the dismissal of her civil revision by the High Court.

2. The learned counsel has contended that even if the gift made by Mst.Bakhan in petitioner's favour had to be annulled,it needed examination whether by virtue of the various Shariat Application Laws, that part of the gift which related to the inheritance of Mst. Bakhan's own share (1/4th) should not have been allowed to remain intact, needed further examination. He has relied on Hadayat v. Mehtab Bibi (1972 SCMR 243).

3. ' Question raised requires examination.

4. Leave to appeal, accordingly, is granted. Security Rs,5,000.

5. ' The appeal shall be prepared on the present record with direction for the filing of all additional necessary documents.