Law:

Section:

Specific Relief Act (I of 1877)---.--- ---.---Ss. 42 & 39---.---Suit for declaration and possession on basis of inheritance---.---Gift, validity of---.---Proof---.---Gift of Sharai share---.---Requirements---.---Relationship of the parties was admitted---.---Suit land was admittedly part of the land that had devolved on the parties through their forefathers, and the suit land was the share of the plaintiffs' mother---.---Defendant had although averred in his written statement that the plaintiffs or their mother were not his co-sharers, however, his attorney had stated that they were co-sharers---.---Attorney of the defendant had made a clear admission of the fact that the plaintiffs were both the co-heirs and co-sharers of the defendant, which was sufficient to hold that mother of the plaintiffs was entitled to the suit land as one of the co-heirs of the defendant---.---Defendant, having specifically pleaded that the mother of the plaintiffs had gifted the suit property to him through a gift deed, was under burden to prove that he was the owner of the suit land on basis of that gift deed---.---Defendant's witness had deposed that the defendant was in possession of the suit land when the gift deed was being prepared, however, the defendant had averred that the gift deed had been prepared before separating the share of the plaintiffs' mother---.---Court, discarding the statement of said defendant's witness, held that any gift of any Sharai share of any person in any property was illegal, unless and until such share was separated and physical possession of the same was practically handed over to the person, who was entitled to the same---.---Appellate court had already passed a decree in favour of the sister of the plaintiff's mother in another suit filed by her for her sharai share, in which the defendant had pleaded gift of the suit property of said suit in his favour, and the and decree of the appellate court had already attained finality---.---Chief Court, setting aside impugned and decree of the appellate court maintained that of the Trial Court, whereby the plaintiffs had been declared as entitled to the suit land through their mother---.---Second appeal…

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