Law:

Section:

Gift--- --------Ingredients---Undue influence---Effect --------- Parties to the suit were legal heirs of the deceased --------- Predecessor of the parties remained ill for about three years and died on 20-11-2002 whereas alleged gift was executed on 12-06-2001---Two important ingredients of gift i.e. offer and acceptance were missing in the present case---Father who was on death-bed could not deprive his other sons and daughters by way of a gift---Donees had failed to prove the fact through any reliable evidence that gift in question was free from undue influence---Both the courts below had carefully examined the record and appreciated the evidence and reached to the right conclusion---Defendants had failed to prove the ingredients of a valid gift --------- Revision was dismissed in circumstances. Muhammad Bashir v. Allah Ditta and others 1194 SCMR 1870), Aadut v. Noor Ahmad 2012 MLD 802; Gul Sher and others v. Dost Muhammad and others 2013YLR 1856 and Muhammad Amin v. Mst. Shaista and 30 others 2015 MLD 296 distinguished. Muhammad Bashir v. Allah Ditta and others 1994 SCMR 1870 and Gull Sher and others v. Dost Muhammad and others 2013 YLR 1856 rel. THIS JUDGMENT DELIVERED BY: ALI AKBAR QURESHI, JUSTICE:------------------ This Civil Revision calls in question the validity of the judgments and decree dated 19.02.2015 and 26.04.2011 passed by learned Courts below, whereby the suit for declaration filed by the respondents, was decreed. 2. The facts, as depicts from the record, are that the respondents/plaintiffs instituted a suit for declaration to challenge the correctness of mutation No.4431 dated 12.06.2001, entered into the revenue record on the basis of a gift allegedly made by the predecessor in interest of the parties to the suit, namely deceased Allah Bakhash, on the ground that from the first marriage of deceased Allah Bakhash, respondents, namely Muhammad Afzal and Muhammad Shaffi were born, whereas from the second marriage which was contracted with Mst. Kaneez Mai, defendants Nos.2 to 5 were born; that the petitioners with the connivance of the revenue staff, succeeded to enter the mutation on the basis of gift in the circumstances, when the predecessor…

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