MAJOR (RTD.) FAREED JAN versus MST. SANOBAR ABDULLAH JAN
Article 42 Declaration Gift Dead Proof Scope The plaintiff claims that he is entitled to a suit house to the extent of his respective Shariah shares with the defendants, even with the legal heirs of the deceased \ Parties' predecessor purchased the property in question The name of his wife / party mother, who was an anonymous owner, sought the impression that the mother was unregistered with the rights to the leasehold, as well as her superstructure created under it. Was created in favor of the defendants through the gift. The result of cheating, incest, misrepresentation and inappropriate influence as a mother was the influence of the defendants on being an old woman. Parveen's predecessor was a business man and his wife was a housewife who had no independent means of living, was a wife under the circumstances. Depending on her husband, who is a paramedic, the predecessors of the parties increased the construction, In 1974 the defendants who alleged their claim on the basis of the gifting act were required to prove the alleged gifting process, But he failed to lead such evidence, and as a result of misrepresentation, two courts were found below. After reading the evidence on the record and misinterpreting the law on the subject, they cannot be left to remain in the field and the decisions of the two courts below were kept separately and to the extent of the plaintiff's case. Its decision was pronounced. With the defendants, they were entitled to inherit according to their respective \ n Shares, in the circumstances \ r \ n \ r \ n
Related judgments — Peshawar High Court NWFP, 2012
