Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 127

Gift--- ----Deed of gift---Proof---Transaction with Pardanasheen lady---Requirements---Gift on behalf of mother in favour of one of her sons excluding of other legal heirs---Scope---Contention of plaintiff was that impugned gift mutation was based on fraud---Suit was decreed concurrently---Validity---Where existence and execution of a document had been questioned on the plea of fraud and misrepresentation then onus to prove the transaction and execution of said document with free will and volition would rest upon its beneficiary---Defendant being beneficiary did not recollect the names of witnesses nor did he mention the time of alleged gift in the written statement---Testimony of a person who had allegedly acted as identifier could not be considered to be that of an attesting witness---Donor being an illiterate Pardanasheen lady executed alleged gift without any independent advice and in absence of any of her nears and dears---Defendant was required to prove the alleged gift by independent and credible evidence and also the execution of document---Donee had failed to prove the alleged gift in his favour through any independent evidence---Suit property should have been inherited from the mother-donor to all the siblings as per their Islamic shares---Nothing was on record as to why other legal heirs had been deprived from the suit property through gift deed in favour of defendant---Admission of co-defendant or co-plaintiff could not non-suit the plaintiff or defendant in the suit---No mis-reading or non-reading of evidence had been pointed out in the impugned s and decrees passed by the Courts below---Revision was dismissed, in circumstances. Phul Peer Shah v. Hafeez Fatima 2016 SCMR 1225; Arshad Khan v. Mst. Resham Jan and others 2005 SCMR 1859; Fayyaz Hussain and others v. Haji Jan Muhammad and others PLD 2018 SC 698; Ghulam Farid and another v. Sher Rehman through LRs 2016 SCMR 862; Fareed and others v. Muhammad Tufail and another 2018 SCMR 139 and Shah Muhammad and 2 others v. Dulla and 2 others 2000 SCMR 1588 rel. THIS ORDER PASSED BY: RASAAL HASAN SYED, J.--- The petitioner in this revision petition assails the judgment and decree dated 16.1.2015 passed by…

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