Law: Specific Relief Act, 1877

Section: 42

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

Section: 67,77

Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 67 & 77---Suit for declaration---Limitation---Inheritance---Secondary evidence, production of---Requirements--- Gift--- Proof of---Procedure---Contention of plaintiff was that gift mutation was based on fraud and misrepresentation whereas defendants had contended that plaintiff had gifted suit property in their favour---Suit was decreed concurrently---Validity---Defendants had alleged that they had lost original deeds and had produced photocopy thereof without obtaining permission to produce secondary evidence---Even attested copies of official record were never produced by the official concerned from the official custody---Evidence produced by the defendants could not be given preference over the evidence of plaintiff in circumstances---Defendants were bound to prove transaction of impugned mutation by producing at least the marginal witnesses of the same but they had not produced the said witnesses---Defendants had failed to establish alleged gift through impugned mutation---Right of inheritance could not be defeated on technicalities---Plaintiffs were direct legal heirs of their predecessor and they had claimed their shari share in the suit property during their life time---Suit was within time---Revision was dismissed, in circumstances. Abdul Rahim and another v. Mrs. Jannatav Bibi and 13 others 2000 SCMR 346; Barkat Ali through LRs and others v. Muhammad Ismail through LRs and others 2002 SCMR 1938; Muhammad Idrees v. Mst. Zeenat Bibi 2005 SCMR 1690; Islam-ud-Din through LRs and others v. Mst. Noor Jehan through LRs and others 2016 SCMR 986; Khair Din v. Mst. Salaman and others PLD 2002 SC 677; Muhammad Iqbal and 5 others v. Allah Bachaya and 18 others 2005 SCMR 1447; Mst. Suban v. Allah Ditta and others 2007 SCMR 635 and Zohra Bibi and another v. Haji Sultan Mehmood and others 2018 SCMR 762 rel. CONSOLIDATED JUDGMENT SYED ARSHAD ALI, JUSTICE:---.---My this order/judgment shall dispose of the instant Civil Revision as well as the connected revision petitions fully described in the appendix to this judgment as all these connected petitions are arising out of one and the…

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