Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss.42, 54---Suit for declaration and injunction---Limitation---Gift---Mutation---Proof---Concurrent findings of facts by two Courts below---Misreading and non-reading of evidence---Petitioner / plaintiff assailed gift mutation on the plea of fraud and misrepresentation---Trial Court and Lower Appellate Court concurrently dismissed suit and appeal filed by petitioner / plaintiff--- Validity--- Both witnesses of gift did not state about fulfillment of third ingredient of gift i.e. delivery of possession of suit property by donor to donees---Respondents / defendants (donees) were beneficiaries who failed to prove factum of disputed gift and gift mutation which was not sustainable under the law--- Each entry in revenue record had given fresh cause of action to aggrieved person---Adverse entries in revenue record, even if allowed, but remained unchallenged, did not have effect of extinguishing rights of a party against whom such entries had been made---Any transaction of document which was result of fraud or misrepresentation could neither be perpetuated nor protected on the ground of expiry of period of limitation, whenever such transaction was assailed in Court of law---High Court set aside s and decrees passed by two Courts below as the same suffered from mis-reading and nonreading of evidence---High Court decreed the suit filed by petitioner / plaintiff and cancelled mutation in question as the same was result of fraud and misrepresentation---Revision was allowed, in circumstances. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Muhammad Ejaz and 2 others v. Mst. Khalida Awan and another 2010 SCMR 342; Muhammad Nawaz and others v. Sakina Bibi and others 2020 SCMR 1021; Muhammad Sarwar v. Mumtaz Bibi and others 2020 SCMR 276; Atta Muhammad and others v. Mst. Munir Sultan (deceased) through her LRs and others 2021 SCMR 73; Farhan Aslam and others v. Mst. Nuzba Shaheen and another 2021 SCMR 179; Ghulam farid and another v. Sher Rehman through LRs 2016 SCMR 862 and Muhammad Yaqoob v. Mst. Sardaran Bibi and others PLD 2020 SC 338 rel. Sh. Zamir Hussain for Petitioners. Malik Amjad for Respondents. Date of…

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