Law:

Section:

Gift--- ----Maxim: "secundum allegata et probata---Applicability---Donor died within a period of 43 days from the date of attestation of gift deed---Donor apprehended death at the time of attestation of impugned instrument---Death certificate was admissible in evidence and contents thereof attained presumption of truth---No objection was raised by the rival party at the time of exhibition of death certificate and same could not be objected thereafter---Donor was not healthy when instrument of gift was attested---Donor required an independent advice for making a declaration of gift and execution of instrument which was missing in the present case---No date, time, venue or names of witnesses were mentioned in the written statement to explain as to when, where and in whose presence alleged declaration of gift was made by the donor which was accepted by the donee followed by delivery of possession---Donee failed from the very inception of suit to prove the transaction of disputed gift---Party had to first plead facts and pleas in the pleadings and then to prove the same through evidence---No one could be allowed to improve its case beyond what was originally set up in the pleadings---Donee had failed to plead and prove the transaction of gift as well as execution/attestation of gift deed in his favour---Whenever execution or validity of a registered document was denied then same would lose sanctity of being presumed to be correct and its lawful veracity would depend upon quantum and quality of evidence to be produced to prove its execution---Nothing was on record that donor at the relevant time did not have cordial relations or had strained relations with the other legal heirs to exclude them from his property to be devolved upon them after his death---Written statement could not be read as a piece of evidence in favour of defendant---Donee had failed to prove as to for what reasons other legal heirs were deprived of their due shares in the property of donor---Impugned and decree passed by the Appellate Court were nullity in the eye of law and could not be sustained and were set aside and those of Trial Court were restored---Revision was allowed accordingly.…

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