Law:

Section:

Transfer of Property Act (IV of 1882) --------- ----------S. 52 --------- Civil Procedure Code (V of 1908), O. XLI, R. 31 & S. 99 --------- Suit for declaration --------- Gift mutation --------- Lis pendens, doctrine of --------- Scope --------- Contention of plaintiff was that mutation of "Tamleek" was result of fraud --------- Suit was decreed concurrently --------- Validity --------- Beneficiary of disputed mutation was bound to prove the transaction by adducing cogent, consistent and unimpeachable evidence --------- Defendants had failed to produce even tenuous or slender evidence to substantiate their claim --------- One of the beneficiaries of impugned mutation had filed consenting written statement and had confessed the claim of plaintiff --------- Defendants did not examine two witnesses of impugned mutation and even Patwari Halqa and Revenue Officer who entered and sanctioned the same were not summoned --------- Best evidence had been withheld by the defendants and they had failed to discharge the onus placed on them --------- Suit land was transferred in favour of wife of one of the beneficiaries during pendency of suit and same would hit by the doctrine of lis pendens --------- Said land had again been transferred in favour of said beneficiary and her claim stood extinguished during the pendency of suit --------- When basic order was void, the superstructure built upon the same would come down crashing with said order --------- Appellate Court was not bound to give issue-wise findings --------- Trial Court had dealt with all the material aspects of case and no short fall of requirements of law was pointed out --------- Impugned s had been passed with jurisdiction and none of them suffered from any material irregularity --------- Impugned s passed by both the courts below did not suffer from infirmity or misreading or non-reading of evidence --------- Both the courts below had appreciated properly the controversy in minutest details --------- Revision was dismissed in limine. Muhammad Amir through L.Rs. v. Muhammad Sher and others 2006 SCMR 185 rel. THIS ORDER PASSED BY: MAHMOOD AHMAD BHATTI, JUSTICE:---------- The petitioners have filed this…

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