Law:

Section:

Gift--- ---Proof---Issueless female doner---Allegation was that donor was of unsound mind at the time of making gift of land---Brother of donor did not challenge mutation in his lifetime--Donee was wife of donor's brother---Gift was made when brother of donor was alive and parties were living together---Brother of donor was alive but he did not challenge gift mutation during life time of donor by filing any suit for cancellation of mutation---Ingredients of gift were fulfilled at time of attestation of gift mutation, i.e., offer/declaration, acceptance and delivery of possession---Even if brother of donor, or plaintiff were not aware about said gift, but being present in the same village, they had knowledge of delivery of possession to defendants---Even after death of donor some of her property devolved upon plaintiff vide inheritance mutation, meaning thereby that he was fully aware of the whole proceedings---Plaintiff did not produce documentary evidence i.e., some medical record or other strong and confidence inspiring evidence in support of his stance regarding incapacitation of donor due to her mental state---Plaintiff failed to substantiate his claim by producing the medical expert who was treating the donor---Plaintiff had not expressly mentioned particulars of fraud alleged in his plaint nor in the evidence produced by him---Initial burden to prove fraud or other allegations was upon plaintiff who failed to discharge the same---Invalidity of gift under Sharia law was also misconceived and not tenable as under Islamic law there was no prohibition for a Muslim donor to gift his/her immovable property in preference to legal heirs---None of the witnesses of revenue department deposed that mutation in question was entered without consent of donor or that donor lady was of unsound mind or she was not present at the time of entering the mutation---Plaintiff had not objected to all these transactions for about 21 years therefore, suit of plaintiff was barred by time---Revision petition being bereft of merit was dismissed. Ghulam Rasool v. Muhammad Akram 1988 SCMR 1088; Muhammad Ashfaq v. Chaudhri Muhammad Nawaz 2008 SCMR 1098; Haji Abdul Ghafoor through L.Rs.…

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