Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), O.XLI, R.31---Gift---Ingredients/essentials---Burden of proof Defendants being beneficiary of the Tamleek mutation had to prove that property was legally transferred to them---Three ingredients namely offer, acceptance and delivery of possession were the litmus test to ascertain the validity of a Tamleek or gift transaction---No evidence of delivery of possession was adduced---Mutation per se was not sufficient to prove the factum of gift unless actual transaction thereof was proved---Mutation was attested in Mauza other than the one where suit land was situated---Revenue Officer sanctioning the mutation had not been produced as witness to prove the genuineness of the transaction---Appellate Court had dismissed all the available evidence of the case whereafter it concurred with the trial Court---No irregularity or illegality was committed by courts below---Revision was dismissed. PLD 1994 SC 650 and PLD 2004 SC 520 ref. (b) Gift--- ----Essentials---Offer, acceptance and delivery of possession were three ingredients of a valid gift. Abdullah Khan Gandapur and Muhammad Walid Anjum and Salah-ud-Din Khan Gandapur for Petitioners. S. Mastan Ali Zaidi for Respondents. Date of hearing: 28th October, 2013. JUDGMENT LAL JAN KHATTAK J.--- This civil revision under section 115, C.P.C. is directed against the judgment dated 15-3-2012 of the learned Additional District Judge-VI, D.I.Khan whereby appeal of the petitioners against the judgment and decree dated 16-7-2011 of the learned Civil Judge-VII, D.I.Khan, has been dismissed. 2. Short facts of the case are that the respondent No.1/plaintiff instituted a suit against the petitioners-respondents for declaration, permanent injunction and cancellation of tamleek Mutation No.5590 attested on 21-3-2005 vide which landed property belonging to her father has been transferred by the petitioners in their name. The suit was hotly contested by the petitioners and after framing of necessary issues the learned trial Court directed the parties to lead their evidence which they did whereafter the learned trial Court vide its judgment dated 16-7-2011…

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