Law:

Section: 13

Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Administration suit---Scope---Plea of gift---Effect---Gift, proof of---Scope---Contention of defendants was that suit property was gifted by way of gift to them---Validity---Object of administration suit was to determine as to what estate the deceased had left and same could not be achieved without an inquiry---Mere denial that specific property was not owned by the deceased alone would not be sufficient to hold such a suit not maintainable nor the same could prevent the Court from an inquiry in that regard---Plea of gift by one of several legal heirs, about one of the properties in question could not disturb the competence of suit within meaning of O. XX, R. 13, C.P.C.---Said one defendant was bound to establish a valid gift---No cogent and confidence inspiring evidence had been produced in support of plea of gift as raised by the said defendant---Defendant had not disclosed the date, time and place when and where suit property in question was gifted to him and the property was still in the name of the deceased owner---Said defendant never attempted to get the title transferred in his favour during life time of alleged donor---Mere assertion or promise to make a gift was not sufficient to dress up such person as lawful donee nor such promise or assertion should attain status of a gift---Mere claim or a lis was not sufficient to deprive other legal heirs from their rights of inheritance---Legal heirs of the deceased would become co-owners in the suit property when the owner died---Suit property was liable to administration and could not possibly be partitioned---Nazir of the Court was appointed as Receiver with the power to auction the suit property---Suit was decreed accordingly. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN TUNIO, J.--- This suit for Administration, Account, Partition and Permanent Injunction has been filed by the plaintiffs above named against the defendants. 2. Briefly facts of the present suit, as disclosed in the plaint, are that the plaintiffs are real sons and daughters of deceased Yousuf Ali Khan and Shahida Begum, who both expired on 17.05.1997 and 21.03.2004 respectively. At the…

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