Law:

Section:

Gift---.--- ---.----Proof---.---Relationship between the alleged donor and alleged donees was of uncle and nephew(s)---.---Person depriving his own children and doling out his property to his nephews, seemed very unnatural conduct---.---Consideration for the gift as claimed by the alleged donees, that they had been looking after the alleged donor had not been proved on the record---.---Alleged donees asserted that the gift had been made by the deceased in their favour and subsequently the mutation was attested, but in the entire evidence led by them they had not been able to prove through positive evidence the day, venue, the persons in whose presence the alleged gift was made, the time thereof, the month and year and even the consideration---.---Tehsildar who sanctioned the mutation appeared and deposed that the mutation was validly attested, however such statement simpliciter by itself would not serve the purpose of the alleged donees who as beneficiaries had to prove the gift in unequivocal terms, particularly considering the fact that the Revenue Officer never stated that he knew the alleged donor personally or that the gift for valid consideration was made in his presence---.---Besides there were quite a few lapses committed by the revenue authorities in connection with the alleged sanction of the mutation---.---Suit filed by alleged donees was rightly dismissed---.---Petition for leave to appeal was dismissed by the Supreme Court accordingly. THIS ORDER PASSED BY: MIAN SAQIB NISAR, JUSTICE:---.--- The petitioners claim to be the donees of the suit property, which according to them was gifted by Abdul Haq, their uncle, and a gift mutation to that effect bearing No.740 dated 15.12.1990 was attested. Respondent No.1 (respondent), the son of Abdul Haq, after the demise of the alleged donor challenged the gift on the ground of fraud and misrepresentation which was contested by the petitioners and the learned Trial Court after framing of issues and recording of evidence dismissed the same. The appeal filed by the respondent also could not succeed, however, in the revisional jurisdiction invoked by him the learned High Court set aside the concurrent decrees and…

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