Law:

Section:

(a) Civil Procedure Code (V of 1908) --------- ----------O. VI, R. 4 --------- Suit for declaration --------- Transfer of land in lieu of dower --------- Allegation of fraud --------- Mutation, cancellation of --------- Father gifted land to his son who further gifted the same to his wife but subsequently both the mutations were got cancelled --------- Wife instituted suit but same was dismissed on the ground that husband was not owner of the land in question at the time of his marriage --------- Validity --------- Both the mutations were duly sanctioned and same were cancelled without notice to the plaintiff-wife --------- Nothing was on record that mutations were sanctioned fraudulently --------- Offer was made to the defendants in cross-examination for sending thumb impressions to handwriting expert but same was declined by them --------- Facts stated in the plaint if not traversed in written statement would be deemed to be admitted --------- Both the courts below had failed to draw logical inference that property in question was gifted in favour of plaintiff-wife --------- Nothing was on record with regard to date of marriage between the parties --------- Defendant-husband had made gift of suit land in favour of plaintiff-wife in lieu of dower after marriage --------- Once plaintiff had produced affirmative evidence then onus to prove would shift on the defendants --------- Defendants were bound to produce cogent and substantial evidence to demonstrate fraud --------- Defendants had not provided the particulars of fraud in their written statement and they could not have led evidence in support of their allegations --------- Defendants had failed to discharge the onus of proof which shifted on them during the evidence --------- Plaintiff-wife had proved gift in her favour in lieu of dower --------- Inference drawn by both the courts below was against fact and law --------- Impugned s and decrees were set aside and suit was decreed --------- Revision was allowed in circumstances. Mst. Shumal Begum v. Gulzar Begum and 3 others 1994 SCMR 818 rel. (b) Islamic Law --------- ----------Dower --------- Dower could be fixed, enhanced or altered even after the…