Deed

2016 CLCN 24 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

DeedRequirementsContention of plaintiff was that gift deed was result of forgery and fraudSuit was decreed by the Trial Court but the same was dismissed by the Appellate CourtValidity

Nothing was in the gift deed that any transaction had taken place whereby donor had gifted his property to the donee and donee had accepted the gift or anybody else accepted the same on his behalf

Gift deed did not contain signatures of the donee in token of his acceptance of the gift

Deed itself did not fulfil the requirements of a valid transaction of gift

Party relying upon a gift had to prove firstly, the transaction of the same and secondly, the instrument of gift if his claim was based thereupon

Appellate Court had erroneously dismissed the suit of the plaintiff

Gift deed appeared to be an invalid document which could not create any right, in the property in question, in favour of defendant

Suit of the plaintiff was liable to be decreed

Impugned judgment, passed by the Appellate Court, was not sustainable in the eye of law rather the same suffered from material illegality and irregularity

Impugned judgment was set aside and that of Trial Court was restored

Revision was accepted, in circumstances.

1959 PLD 9 SUPREME-COURT-INDIA Judicial Precedent

Deed Construction of contract or grant-Whether evidence admissible. No evidence is admissible on a question of construction of a contract or grant, which must be based solely on the terms of the document; where there is no dispute as to how the contents of the document are related to existing facts.

1959 PLD 9 SUPREME-COURT-INDIA Judicial Precedent

Deed Two constructions admissible-Construction giving effect to all clauses contained in deed to be preferred.

1958 PLD 420 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Deed -Recital in-Rebuttal-Assertion in Will that testator has neither brother nor cousin-Reliable evidence in rebuttal necessary.

1947 PLD 360 PRIVY-COUNCIL Judicial Precedent

Deed-Construction-Contract for sale of lands-Duty of preparing and following up in all respects transaction for sale and transfer of lands

Stipulation covers step not foreseen to be necessary at time when parties entered into contract.

1947 PLD 90 PRIVY-COUNCIL Judicial Precedent

Deed- Construction of-Two mortgage deeds executed by widows severally charged corpus of immovable property-Held, that mortgage was one of corpus of estate and not of income arising during widow's life time. The ambiguity in the deeds should be resolved by construing them as charging the corpus of the estate and not merely a bene­ficial interest in income. They construe each deed as stating that the mortgage is made in right of the widow's estate and not that it is a mortgage of income arising during a widow's lifetime.