Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S.42---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Suit for declaration---Oral mutation---Onus to prove---Shifting of onus---Principle---Applicability---Rule of shifting of onus is applicable in simple cases of transactions through oral mutations---When person challenging transaction appears before court and makes statement on oath before court according to his pleadings that he had not transferred the property, then automatically onus shifts upon beneficiary of the transaction. (b) Islamic Law--- ----Gift---Marz-ul-Maut, principle of---Applicability---Gift mutation was assailed on the ground that donor of suit-land was suffering from Marz-ul-Maut, when gift was made in favour of donees---Validity---Donor died on 7-11-1978, and gift was made several months before his death, therefore, gift was not made under Marz-ul-Maut, when nature of disease was not proved---For proving transaction during Marz-ul-Maut, it was the basic fact which was required to be pleaded and proved that transferor was in fear of death and he transferred the property under that fear and disease was of such nature where fear of death was natural but no such facts were either pleaded or proved---Findings recorded by both the Courts below were in accordance with law and facts on record, which needed not to be interfered with by High Court while exercising jurisdiction under S. 115 C.P.C.---Revision was dismissed in circumstances. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this civil revision petitioners-plaintiffs have challenged the judgment and decree dated 14-7-2005 passed by learned Addl: District Judge, Khushab, whereby the appeal filed by them was dismissed, and the judgment and decree dated 28-1-2005 passed by learned Civil Judge, Khushab, whereby the suit for declaration filed by the petitioners-plaintiffs was dismissed. 2. Briefly, the facts as leading to this civil revision are that the plaintiffs-petitioners on 16-12-1978 filed a suit for declaration challenging therein a decree of civil court, Joharabad in the suit titled "Dost Muhammad and others v. Muhammad Hassan and others" dated 25-10-1978 with regard to the suit property…

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