Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration to the effect that plaintiff-respondent was owner in possession , of disputed house and registered gift deed in favour of defendant-petitioner with regard to said house was wrong, based on mala fide, against law and liable to cancellation and ineffective upon the rights of plaintiff-respondent--Contention of plaintiff-respondent was that suit house was given to her as dower at the time of her Nikah by her father-in-law and said fact had been mentioned in the Nikahname of the 'plaintiff-respondent--Suit was-decreed concurrently---Validity---Secretary Union Committee appeared in the witness box on behalf of plaintiff-respondent who brought on record the original Nikahnama, a copy of which was placed on file and said witness was not cross-examined by the defendant-petitioner despite opportunity afforded to him---Witnesses of plaintiff-respondent affirmed the contents of Nikahnama as well as the Nikah---Nikahnanza with contents stood proved---Defendant-petitioner was bound under the law to prove the three requisites of a valid gift i.e. offer, acceptance and delivery of possession but he did not prove the gift-deed and evidence recorded by him offered no support to hint-Father of defendant petitioner was a doctor by profession but strangely enough his signature as appeared on the gift-deed was in Urdu---Donor at the time of gift-deed was in the twilight of his life and instead of the gift-deed being witnessed and signed by some relatives of the defendant-petitioner, both the witnesses of the gift-deed were the bailiffs of the court which cast doubt on the execution of the gift­ deed---Brother of defendant petitioner appeared in the witness box who caused immeasurable dent to the defendant's version when he on the one hand supported the Nikahnama of the plaintiff-respondent with contents viz. the disputed house and simultaneously launched a frontal attack on the gift-deed by terming the same to be fake and bogus on which the signature of his father had been forged---Findings of courts below were based on proper appreciation of facts and law and did not suffer from any illegality or material…

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