Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Gift mutation in favour of defendant alleged by plaintiff (an illiterate "pardahnashin" villager lady) to be fraudulent for being based on forged Deed of Hiba-bil-Iwaz---Proof---Marginal witnesses of such deed as defendant's witnesses had admitted that such transaction had not taken place in their presence and receipt of payment was already written---None of defendant's witnesses had deposed that plaintiff had been explained contents of such deed and receipts and consequences thereof---Factum of plaintiff having no male member in her family was admitted by defendant---Patwari as defendant's witness had deposed that defendant had presented suit mutation, while he denied to know about presence of plaintiff---Patwari and Tehsildar while deposing as defendant's witnesses had not produced in court original pert-sarkar of suit mutation---Plaintiff deposed that defendant got her thumb impression affixed on stamp paper on false pretext without explaining her its real purpose---Plaintiff had denied to have appeared before Revenue Officer for attestation of suit mutation---Plaintiff had not been identified at time of attestation of suit mutation by a person, who could advise or protect her interest---Revenue Officer had not attested suit mutation in open assembly---Defendant had not proved pre requisites of "Hiba-bil-Iwaz" i.e. payment of consideration and bona fide intention of donor to divest property to donee---Defendant had not proved declaration of gift, its acceptance and delivery of possession to him by plaintiff---Mere mutation would not be enough proof of delivery of possession of suit land---Suit was decreed in circumstances. Malik Muhammad Khaqan v. Trustees of The Port of Karachi (KPT) and another 2008 SCMR 428; Abdul Sattar v. Mst.Anar Bibi and others PLD 2007 SC 609; Allah Ditta and 5 others v. Mst.Rasoolan Bibi through Legal Heirs and 6 others PLD 2006 Lah. 693; Fateh Khan, and others v. Surriya Begum 2006 SCMR 930; Muhammad Nazir v. Khurshid Begum 2005 SCMR 941; Noor Muhammad and others v. Mst. Azmat-e-Bibi 2012 SCMR 1373; Mst. Bhagni v. Manzur Hussain Shah PLD 1957 (W.P.) Lah. 574…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492