Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 8 & 42---Transfer of. Property Act (IV of 1882), Ss.122 & 123--­Gift---Validity---Suit for possession and declaration---Plaintiff had sought declaration to the effect that mutation of gift of her property allegedly sanctioned in favour of defendants, was illegal, collusive, ultra vires, void and ineffective against her interests---Defendants had claimed that plaintiff who was their sister, had gifted away disputed property to them through validly sanctioned mutation---Evidence led by defendants to prove valid gift in their favour was discrepant and they had not come out with any reason as to why plaintiff had made gift to them when she had her own children and she was under no obligation whatsoever to the defendants---Plaintiff was living with her husband in her house and the defendants had not even alleged arty service having been rendered by them to the plaintiff and it had not come )n record that plaintiff had so much love and affection for the defendants that she would gift away her property depriving her own children---Trial Court decreed the suit after appreciation of evidence on record, but Appellate Court set aside the and decree passed by Trial Court---Appellate Court had acted with material irregularity in the exercise of its jurisdiction while setting aside the and decree of the Trial Court in face of the pleadings, evidence and the attending circumstances of the case---Judgment and decree passed by Appellate Court were set aside by High Court in exercise of its revisional jurisdiction and those of Trial Court were restored. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 ref. JUDGMENT On 16-2-1980 the petitioner filed a suit against the respondents. According to the plaint the respondents are her brothers. The suit-land was owned by the father of the parties, namely, Abdul Wahid on whose death it devolved upon his widow and the said children and Mutation No.52/121 was attested on 19-1-1956. The mother proceeded to gift her 1/8th share in favour of the petitioner vide Mutation No.222 attested on 29-3-1965; that the respondents without the knowledge of the petitioner got sanctioned…

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