Permissive possession

2016 YLR 233 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 42 & 8Suit for declaration and possessionLimitationPermissive possessionGiftRequirementEffective and ancillary relief, grant ofScopeSuit land was given to the Education Department whereafter school was constructed over thereContention of plaintiffs was that they were owners of suit premisesSuit was decreed concurrentlyValiditySuit premises was in the ownership of plaintiffsWriting was not essential to the validity of a gift either of movable or immovable propertyGift could not be implied which should be express and unequivocalIntention of the donor should be demonstrated by his entire relinquishment of the thing given

Essential requirement to the validity of a gift was that the donor should divest himself completely of all ownership and dominion over the subject of gift

Gift would be null and void if donor continued to exercise any act of ownership over the subject matter of gift

No gift existed in the present case

Plaintiffs had not relinquished their control over the suit property or for that matter subject of the gift

No limitation would run on account of permissive possession

Plaintiffs had succeeded to prove their ownership with regard to suit land

Defendants had failed to prove the factum of oral gift in their favour

Both the courts below had rightly appreciated the case

Children of the area were getting their education in the suit premises and plaintiffs were entitled for compensation for which no prayer had been made

Court had power to grant an effective or ancillary relief even not prayed for

Court was not precluded to mould relief in view of the changed facts and circumstances of the case to shorten litigation between the parties

Education department was directed to go for amicable settlement with the plaintiffs and give them compensation in accordance with the market value of suit property or straightaway go for acquisition of land in question

Revision was dismissed in circumstances.