Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Genuineness of gift --- Ingredients---Plaintiff had sought declaration to the effect that he was the owner of the suit land on the basis of a gift deed executed in his favour and that the possession had also been delivered to him at that time---Validity---Plaintiff alleged himself to be the owner of the suit land on the basis of gift made in his favour but did not refer to any details as to when and where said gift was made---Evidence on record was deficient in proving said gift to be true and genuine and evidence of the scribe of the alleged gift deed was not sufficient enough to discharge the burden on the plaintiff of proving the genuineness of the gift----Oral gift made by a Muslim was valid, but when a deed in regard to such a gift was executed, then the same required compulsory registration --- Mere proof of execution of deed, in circumstances, would not be sufficient to discharge said burden unless transaction embodied in the deed was proved through cogent and trustworthy evidence---Basic ingredients of a genuine gift such as offer, acceptance and delivery of possession of the property under gift were required to be proved by the donee --- Said gift deed was not referred to in a previous suit for declaration instituted by the father of the plaintiff and had strangely been referred for the first time on the filing of the present suit---Gift deed in question would not be sufficient to be relied upon by ignoring the real heirs of the suit land--- Revision was dismissed. Muhammad Ijaz and others v. Khalida Awan and another 2010 SCMR 342 rel. Amir Gulab Khan for Petitioner. Abdul Halim Khan for Respondent. Date of hearing: 13th March, 2012. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioner herein, being plaintiff of a suit for declaration, feeling himself aggrieved of the concurrent findings of the two courts below, hereby his suit for declaration against respondent was dismissed by the Civil Judge/Illaqa Qazi-­VI, Swat, vide his judgment and decree dated 31-3-2004 and his appeal thereagainst also met the same fate when the learned Additional District Judge/Izafi Zila Qazi, Swat…

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