Law:

Section:

(a) Gift----- -----Burden of proof-----Entries in the revenue record-----Evidentiary value-----Inheritance-----Limitation-----Contention of plaintiff was that she had not gifted suit property and impugned gift was false and fabricated-----Suit was dismissed by the Trial Court but same was decreed by the Appellate Court-----Validity-----Neither declaration of donor nor acceptance of donees of gift through document or verbal was on record-----Statement book was neither produced by the donees nor by the revenue authorities-----Exhibiting only entries on record did not 'ipso facto' entitle the donees as owners of suit land through gift deed-----Onus would lie on the person who wanted to establish the genuineness of transfer of property by gift-----Beneficiaries/donees were bound to prove such documents but they had not produced any attesting witness nor scribe of alleged gift-----Revenue officer had not supported the case of donees by not producing the relevant documents on record-----Entries in the record of rights were admissible in evidence but their evidentiary value would depend upon the peculiar facts and circumstances of each case-----No limitation would run in the matters of inheritance-----Alleged donor was illiterate and 'parda' observing lady-----Defendants had failed to prove the genuineness of entries in the revenue record by producing independent, confidence inspiring and cogent evidence-----Plaintiff could not be deprived of her ancestral rights-----Revenue entries itself were not sufficient to confer any right or title in favour of donees-----Donor/ donees were not present at the time of sanctioning of mutations-----No proof was on record with regard to statement of donor in favour of donees-----Presence of a person whose right had been acquired and the identification of such person at least by two respectable persons was inevitable-----Factum of gift had made the same doubtful-----Impugned passed by the Appellate Court was speaking one and was based on correct appreciation of evidence-----Revision was dismissed in circumstances. 2004 SCMR 1502; 2007 SCMR 637; PLD 1990 SC 1; 2005 SCMR 911 and 2000 SCMR 346 rel. (b) Islamic Law-----…

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