MUHAMMAD SADIQ vs SARDAR and others
This petition for leave to appeal challenged a Lahore High Court judgment concerning the validity of a gift mutation attested in 1969. The petitioner, as donor, filed a civil suit in 1982 challenging the gift and mutation. While the trial court decreed the suit in the petitioner's favor, the appellate court reversed this, finding the suit time-barred and the gift valid. The High Court, in revision, maintained the dismissal of the suit, albeit reversing the finding on limitation. The Supreme Court examined whether the gift mutation was correctly attested. It held that a clear admission by the petitioner, as noted in the High Court judgment, established the essential ingredients of a valid gift: declaration, delivery of possession, and acceptance. The Court further held that even if physical cultivation records (Khasra Girdawari) remained unchanged, constructive possession is deemed transferred upon such an admission. Additionally, the incorporation of the mutation in the Jamabandi raised a presumption of title. Consequently, the Supreme Court found no merit in the petition and refused leave to appeal.
- Does an admission of the ingredients of a gift satisfy the requirement of delivery of possession?
- Can constructive possession be deemed transferred despite unchanged cultivation records in Khasra Girdawari?
- Does the incorporation of a mutation in the Jamabandi raise a presumption of title?
ORDER
' SHAFIUR RAHMAN, J.---The petitioner who was the plaintiff seeks leave to appeal against the judgment of the Lahore High Court dated 17-10-1992.
2. A gift mutation on behalf of the petitioner was attested in favour of his brother the defendant (respondent No,1) on 18-10-1969. The gift as well as the attestation of mutation was challenged by the petitioner by way of a civil suit on 13-1-1982. The suit was contested. It was decreed by the trial Court. On appeal the Appellate Court held that the suit was time-barred and that the attestation of the mutation was correct and the gift thereunder was complete. The High Court in revision has maintained the judgment and decree of the appellate Court though the finding on limitation has been reversed.
3. After hearing the learned counsel for the petitioner we find that there is no merit in this petition.
The first shortcoming in the petitioner's submission is that there is a clear admission reproduced in the judgment of the High Court in paragraph 4 which could be and has been made the basis for deciding the question whether the mutation of gift was correctly attested or not. Such an admission proves the necessary ingredients of the gift, of a declaration, of delivery of possession and acceptance by the donee. The reliance on the Khasra Girdawari for bringing out continued possession of the donor after such admission would not be of avail because even if the cultivation has not changed the constructive possession would be deemed to have been transferred.
4. It also appears that this mutation had been incorporated in the Jamabandi raising the initial presumption of title.
5. In the circumstances, leave to appeal is refused.
Cited by 7 cases
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- Muhammad Bakhsh and 15 others vs Allah Wasaya and 2 others 2008 C.L.R. 39
- Mst. IQBAL BEGUM Versus MUHAMMAD BASHIR 2003 MLD 1280
- Mst. HABIB-UN-NISA vs Mst. MUHAMMAD-UN-NISA 2003 MLD 1276
- Muhammad Akram And 5 Other vs Mst. Chanan Begum (Deceased) 2013 KLR Civil Cases 314
- Muhammad Akram and 5 others vs Mst. Chanan Begum (Deceased) 2013 KLR Civil Cases 314, 2013 C.L.R. 1563