Law: Specific Relief Act, 1877

Section: 42,39

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

Section: 127

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42 ,  39--Suit for declaration and cancellation of gift deed to extent of appellant’s share--Concurrent findings--Gift-deed--Burden of proof--Validity of gift-deed--Obtaining of gift deed by fraud--Responsibility of donee--Pardnasheen lady--Challenge to--Shifting of onus to defendants--Assertion of plaintiff--Assertion of plaintiff, being a pardanasheen lady, was sufficient enough to shift onus on defendant-respondents to prove authenticity of disputed gift-deed--Courts below including High Court have failed to apply correct law on subject and reached at wrong conclusion--Courts below have concurrently recorded findings, but these findings are suffering from misreading and non-reading of record and evidence as well as incorrect application of law on subject--Same are liable to be set aside--We do not find any reason assigned in said gift-deed as to why gift-deed is being executed in favour of respondents--It was basic responsibility of donee to prove that donor had intention to gift property to them for so specific reasons--Appeal accepted.   [Pp. 59 ,  60] C, D ,  E ,  F PLD 2003 AJK 25 ref. Execution of document-- ----Where executant of a document is an illiterate Pardanasheen lady, burden of proving due execution of such document is upon person, who is beneficiary of such document. [P. 56] A 1989 CLC 1584 ref. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 127--Genuineness of document--If genuineness of a document purported to be executed by a Pardanasheen lady is disputed by her, in such state of affairs, person relies on document has to prove good faith and genuineness of same.  [P. 58] B 2005 SCMR 1859 ref. JUDGMENT Raza Ali Khan, J.--The captioned appeal by leave of the Court arises out of the judgment dated 26.6.2019, passed by the learned High Court of Azad Jammu , Kashmir in Civil Appeal No. 80 of 2016. 2. The brief facts forming the background of the captioned appeal are that appellant, herein, filed a suit for declaration and cancellation of gift-deed, dated 19.5.2010, against the respondents, herein, to the extent of her share measuring 31 kanal, 18 marla, and two…

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