Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for declaration-Gift, ingredients of---Attested document---Evidentiary value--- Scope--- Proof---Contention of plaintiff was that he was owner of suit property on the basis of gift deed---Suit was dismissed concurrently--­Validity---Two witnesses were shown as attesting marginal witnesses of the alleged gift deed---Plaintiff produced only one witness while other attesting witness was not produced---Scribe had not put his signature as an attesting witness of the document---Evidence of scribe could not fulfill and meet the mandatory requirement of attesting witness---Attested document could only be used as evidence when two attesting witnesses had proved its execution---Plaintiff had failed to prove through cogent and reliable evidence the offer of gift by the deceased, its acceptance and delivery of possession in his favour which were necessary requirements for a valid gift---Plaintiff had failed to prove his claim through gift, deed---Both the courts below had rightly appreciated the evidence in its true perspective and dismissed the suit of plaintiff--Revision was dismissed in circumstances. Mst. Kulsoom Bibi v. Muhammad Arif 2005 SCMR 135; Nazir Ahmad and others v. Muzaffar Hussain 2008 SCMR 1639; Tassaduq Hussain v. Muhammad Din PLD 2011 SC 241 and Ghulam Haider v. Ghulam Rasool and others 2003 SCMR 1829 rel. (b) Qanun-e-Shahadat (10 of 1984)-- ----Art. 79---Document, proof of---Scope--­If a document was required to be attested it should not be used as evidence until at least two attesting witnesses had been called for the purpose of proving its execution if there be two witnesses alive and subject to the process of the court and capable of giving evidence. JUDGMENT MUHAMMAD DAUD KHAN, J.-­Through this Petition, the petitioner, Ahmad Zamir, has challenged the judgments and decrees of the learned Civil Judge-I, Bannu, dated 30-10-2010 and of learned Additional District Judge-II, Bannu, dated 12-9-2011 vide which both the learned courts dismissed the suit of petitioner/plaintiff. 2. Brief facts of the case are that the petitioner/plaintiff (hereinafter called as…

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