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Appeal No. 351 of 1958‑59, decided on 18th August 1959.
paras. 7 & 4(2)‑Gift of land and delivery of possession to donee allegedly made in 1937‑No evidence about change of possession, except affidavit, available‑Revenue records showing donor in possession-Orders of officers below refusing to validate gift not interfered with.
Muhammad Ismail Bhatti for Appellant.
This appeal has been filed against an order, dated the 13th of June 1959, passed by the Land Commissioner, Rawalpindi, where by he refused to validate an alleged gift made by the appellant in favour of his mother.
The facts of the case are that it was alleged that the appellant made a gift of land in question in 1957 and delivery of possession was effected to the donee. On 29th November 1958, the donee brought in a civil suit alleging that the donor was interfering with her possession. The donor admitted the gift and a consent decree was obtained.
The appellant moved for the validation of the transaction. The Deputy Land Commissioner did not recommend it. The Land Commissioner agreed with the Deputy Land Commissioner and refused validation. Hence this appeal.
I have heard the learned counsel for the appellant. It was argued that gift was made in 1957 and delivery of possession was effected at that very time. Besides the affidavit, there is no other evidence about the change of possession. The revenue entries in the records show the donor as in possession of the land in question.
It was contended that there were no entries in the khasra girdawari because the son, was managing on behalf of the mother. If that was so, there will be no question of the donor interfering with the possession of the donee as was alleged in the civil suit.
In the circumstances of the case, I do not find any justification for interfering wish the concurrent findings of the Deputy and Commissioner and the Land Commissioner. The appeal fails and is rejected hereby.
S. Q. Appeal rejected.
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