Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Arts. 17, 71, 79 & 100---Specific Relief Act (I of 1877), Ss. 8 & 42---Suit for declaration and possession---Claim of share of common landed property of mothers of contesting parties devolved from their maternal grandfather---Defendants claimed right over suit property on the basis of gift deed,an old document---Proof of private (old) document---Scope---Petitioners/defendants contended that mother of plaintiff/ respondent in her lifetime gave her share to her sister/mother of the defendant through gift deed which document was not challenged in any court---Plaintiff/ respondent contended that alleged gift deed was never a gift deed even in its form and that after demise of his mother, defendant took possession of whole of suit property---Validity---Suit property was undisputedly in ownership of real mother of plaintiff, once it was admitted, the petitioners/ defendants were duty bound to prove that the same came in their possession as a result of a valid gift as averred in their written statement---Burden of proof shifted to petitioners/defendants in the light of averments of parawise written statement---Counsel for petitioners/defendants had conceded that burden of proof was shifted to the defendants, so, the sole question for determination was whether there was sufficient evidence in proof of the alleged transfer of suit property to the petitioner through a valid gift---Perusal of gift deed exhibited by defendants showed that word hibbah had not been used therein---Exhibited document was written in Persian and was a private document---Petitioners/defendants were legally bound to prove the said document in strict accordance with the relevant provisions of Qanun-e-Shahadat, 1984 governing proof of private document---Exhibited document contained names of the marginal witnesses thereto as well as the name of scribe of the same, but neither contained any signature of the marginal witnesses thereto nor the signature of the scribe---Article 79 read with Art. 17(2) of Qanun-e-Shahadat, 1984, governed the procedure of proof of a document similar to that of exhibited document---In case of non-availability of witnesses to a…

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