Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O. VI, R. 4---West Pakistan Land Revenue Act (XVII of 1967), S. 42---Suit for declaration---Inheritance---Gift mutation---Contention of plaintiff was that donor had not made gift and same was result of fraud committed by the donees---Suit was dismissed concurrently---Validity---None out of legal heirs of donor except the plaintiff had assailed the gift nor came to support her claim---Party alleging fraud had to give the particulars, the mode and manner of commission of fraud---No evidence to such effect was produced---Donees of both the gift mutations were minors at the time of attestation of the same and were incapable to commit fraud---Plaintiff was bound to prove as to how fraud was committed or even expected from those who were minors---No explanation was put forward with such regard by the plaintiff through evidence---Defendants were in possession of the suit property---Possession was not transferred at the time of gift but delivery of the same was not necessary as donees were minors---Delivery of possession was not material in case of minor donees---Such was one of the important ingredients of gift but there was exception when father gifted property in favour of minor son or by a guardian to ward and possession of father or guardian after declaration of gift would amount to possession on behalf of the donee/minor---Delivery at a subsequent stage would cure the deficiency of non-delivery of possession---No eventuality would make the gift invalid due to non-delivery of possession in case of minor and ward---Donor had gifted the property and mutations were validly attested---Gift could be made orally without the aid of any instrument like registered deed and mutation---Mutation did not create title but if same was attested in public gathering and entries were made then same could be taken as evidence---Gift mutation was attested in the year 1952---Attestation of mutation did not require any witness to sign the same---Section 42 of the West Pakistan Land Revenue Act,1967 did not give impression of being mandatory in nature---Mutation in question was attested by Lumberdar duly…

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