Afrasyab Khan v. Mst. Shaista Khanum and others

Background

Background

In Afrasyab Khan, the Supreme Court upholds a preliminary partition decree after the brother fails to prove a disputed oral gift and family settlement.

Legal questions

Legal questions

Did the brother prove the disputed lifetime oral gift and comprehensive family settlement sufficiently to displace the preliminary partition decree maintained by the High Court?

Court holding

What the Court decided

The particular oral gift and settlement were unproved. The relied-upon instruments were not established through the required attesting evidence, the sole witness contradicted the claimed execution, and the possession and other-property record did not establish the asserted transaction. No misreading, non-reading or legal infirmity justified interference.

Final outcome

Final outcome

Leave refused and petition dismissed. The Islamabad High Court judgment of 6 October 2022 and the trial court’s preliminary partition decree remained undisturbed. Hearing date shown: 25 September 2026; a separate pronouncement date is not printed in the provided judgment.

Practical effect

What the decision means in practice

Leave refused and petition dismissed. The Islamabad High Court judgment of 6 October 2022 and the trial court’s preliminary partition decree remained undisturbed. Hearing date shown: 25 September 2026; a separate pronouncement date is not printed in the provided judgment.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

Key legal principles

Key legal principles

• The particular oral gift and settlement were unproved. The relied-upon instruments were not established through the required attesting evidence, the sole witness contradicted the claimed execution, and the possession and other-property record did not establish the asserted transaction. No misreading, non-reading or legal infirmity justified interference.