Law: Specific Relief Act, 1877

Section: 42&54

(a) Specific Relief Act (I of 1877)--Ss.42 54---Suit for declaration and injunction---Gift---Marzul Mout---Proof/plaintiffs assailed registered gift deed and mutation on the plea that their predecessor-in-interest was suffering from Marzul Mout (Death bed)---Validity---No medical evidence worth the name could be led showing that predecessor-in-interest of respondents/plaintiffs was apprehending imminent death or was suffering from any illness at the relevant time---Doctrine of Marzul Mout could not be invoked by respondents/plaintiffs---After execution of mutations in question, predecessor-in-interest of respondents / plaintiffs remained alive for long time, neither he nor respondents / plaintiffs challenged gift mutations or gift deed during his life time---After the death of predecessor-in-interest, respondents/plaintiffs challenged its validity at a belated stage---Silence of respondents / plaintiffs for a long time, after execution of gift mutation/deed itself reflected that they had knowledge of gift transaction and free will of their predecessor-in-interest---Trial Court rightly held that respondents / plaintiffs were estopped by their own conduct to sue petitioners / defendants, after demise of their father---High Court set aside and decree passed in favour of respondents/plaintiffs by Lower Appellate Court and that of Trial Court was restored---Revision was allowed accordingly. Shamshad Ali Shah and others v. Hassan Shah PLD 1964 SC 143; Rashid-un-Din v. Nazir-ud-Din AIR 1929 Lah. 721; Noor Muhammad Khan v. Habib Ullah Khan PLD 1994 SC 650; Kamran v. Allah Bakhsh NLR 1991 SD 366; Mst. Chan Bibi and 04 others v. Shafi and others PLD 1977 SC 28; Hamid Ullah v. Khurshid Ahmad Khan PLD 1958 SC (PAK) 516; Fazal Muhammad Bhatti v. Sardar Akhtar v. Feroz PLD 1951 Lah. 433 and Syed Raza Ali v. Kazi Noor-ud-Din AIR 1925 Cal. 537 rel. (b) Islamic Law---Gift---Preferential gift---Scope---Preferential gift under Islamic Law is not void and it is within the competency of father to give preference to one heir or some heirs over the others. Ahmad Khan v. Mst Zamroot Jan AIR 1950 Pesh. 11; Saif ullah v. Ghulam Jabbar PLD 1955 Lah. 191; Noor Muhammad Khan v. Habib Ullah…

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