Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)---S.42---Suit for declaration---Gift---Scope as well as respondent claimed ownership over the disputed property on the basis of alleged gifts made by their father, registered in favour of petitioner and oraly in favour of respondent---Validity had failed to plead and prove as to when, where and in whose presence the offer was made, which was accepted and there-after possession was delivered, though in such eventuality constructive possession was considered but the same was also lacking in the case could not produce the revenue officials so as to prove that father of the parties had appeared before them and had got the gift deed registered in favour of the petitioner, on the other hand, also could not prove as to where the offer was made, which was accepted and possession was delivered to the respondent, because in such like cases of oral gift or agreements, unimpeachable, cogent, confidence inspiring and reliable evidence was required to be produced while recording his statement in the court had got recorded his age as 45 years, meaning thereby that at the time of alleged gift in the year 1978, he was aged about 12 years, but during cross-examination he claimed his age at that time as 24/25 years, which was sufficient to declare him a liar and not trustworthy---Courts below had misread and non-read the evidence on record and had committed material illegalities and irregularities while passing the decree in favour of respondent declaring him to be owner in possession of the disputed property on the basis of oral gift---Revision petition was allowed, property was reverted back to the deceased father of the parties and had to be devolved upon the parties according to their shares in accordance with law. ORDER: SHAHID BILAL HASSAN, JUSTICE:--.— This single order will dispose of the captioned civil revision as well as connected revision petition bearing No.3439 of 2012, as in both one and the same consolidated judgments and decrees have been called into question. 2. Precisely, the present petitioner Mst. Anwari Begum instituted a suit for possession of three rooms in a house constructed on 4 marlas of land bearing Khasra No.643/249…

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