Law:

Section:

Gift-- ----Ingredients of oral gift--Transaction of gift was got recorded on the basis of power-of-attorney--Validity--Under Islamic law, a gift in order to be valid and binding upon the parties must full fill three conditions: (a) a declaration of the gift by donor (b) Acceptance of gift by the donee: (C) delivery of possession of corpus. Onus of proof-- ----Gifted by Pardanashin Lady--Validity--Onus of proof of transaction of gift recorded in revenue record in form of mutation was essentially upon its beneficiary to establish that same was result of conscious application of mind of donor and not under influence or fraud--Petition was accepted 2002 SCMR 1291, 2010 SCMR 1370, 2008 SCMR 1384, ref. THIS JUDGMENT DELIVERED BY: Shahid Waheed, JUSTICE:---.--- The plaintiff has filed this petition to seek revision of the decree dated 05.10.2010 of the learned first Appellate Court whereby appeal of Respondents No. 1 and 2 against the decree dated 29.05.2009 of the learned Trial Court was accepted and her suit was dismissed. 2. Dispute in this case initially related to land measuring 23 Kanals 16 Marlas situated within the revenue estate of Munday, Tehsil and District Chakwal which was owned by the present petitioner (Mst. Ghulam Zainab) and her sister, Hameeda Begum. The said property stood transferred in the name of their nephew, Mudassar Hussain (Respondent No. 2), who is son of Gulastar Hussain (brother of the present petitioner) on the basis of oral gift. The transaction of gift was got recorded in the revenue record by Gulastar Hussain on the basis of power of attorney dated 04.04.1981 (Ex.D-7) vide Mutation No. 5644 dated 20.07.1998 (Ex.P-15). The petitioner alongwith her sister Hameeda Begum on 18.04.2003 instituted a suit against the respondents and sought a decree for declaration to the effect that Mutation No. 5644 dated 20.07.1998 was illegal and ineffective upon their rights. A prayer was also made that respondents be restrained from interfering in their possession over the suit land. The allegations of the plaint were that the predecessor of Respondent No. 1, that is, Gulastar Hussain was the real brother of the petitioner; that consequent upon the death…

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