Law: Specific Relief Act, 1877

Section: 42

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

Section: 78,85,85(e)

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Qanun-e-Shahadat Order, (10 of 1984), Arts. 78, 85--Suits for cancellation of document--Dismissed Appeals--Allowed lacking of ingredients of gift--Challenge to--Article 78 of Order ibid prescribes that if any document is alleged to be signed/ thumb marked or to have been written by any person, signatures/imprints or writing must be proved in that person's handwriting--Minute appraisal of copy of impugned Gift Deed divulged that its Stamp Paper was not purchased by any of purported donors, rather it was issued to Fakhar-ud-Din, father of donees, who admittedly had no authority on their behalf--Petitioners did not succeed to establish authenticity and veracity of impugned document because none among Stamp Vendor, Petition Writer, Registry Moharrir, Sub-Registrar and Attesting Witnesses was examined--While dismissing suit, learned Trial Court failed to appreciate evidence available on record as well as law on subject, but Appellate Court perfectly accumulated and thrashed it in its true perspective to decree suit, whose being based on reasoning has to be preferred especially when learned counsel for petitioners was not able to persuade that any wrong was committed and this Court being sanguine feels no hesitation to confirm impugned and decrees--Civil revision was dismissed. PLD 1977 Lahore 729 and 1999 SCMR 1245 ref. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE---.--- Inessential detail apart, the precise history of the case was that subject house had been transferred to Mst. Zubaida Begum and Mst. Rashida Begum, Respondents No. 1 and 2 along with their mother Mst. Zainab by the Settlement Department vide Permanent Transfer Order, which was subsequently alienated through impugned registered Gift Deed dated 05.08.1984 (Exh.D2) to present petitioners, who were nephews as well as maternal grandsons of the purported donors. In 1998, Respondents No. 1 and 2 at their end instituted two independent suits for the cancellation of afore-noted instrument contending therein that neither they had offered the gift nor executed instrument to such effect, which was managed by their brother Fakhar-ud-Din in…

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