Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss. 42, 54---Oral gift (Hibba)---Proof---Pleadings---Scope---Suit for declaration and injunction assailing mutations based upon oral gift---Suit and appeal filed by appellants/plaintiffs were dismissed by two Courts below---Validity---Recitals of plaint and written statement had no value in the eyes of law until and unless those were proved by trustworthy, reliable, cogent and confidence inspiring evidence---Mere admission in written statement by owner of land that too in a joint written statement was not sufficient to prove that he gifted out land through mutations in question to respondent/defendant, especially when possession of land was with appellants/plaintiffs and ingredients of Hibba (Gift) were not fulfilled---It was not proved on record as to when, where and in whose presence such offer of making oral Hibba (Gift) was made and was accepted and thereafter possession was delivered to respondent/defendant---It had come on record through Record of Rights that land in possession of tenant was not in pursuance of alleged oral Hibba (Gift)---Respondent/defendant failed to discharge his onus with regard to alleged oral Hibba (Gift) in favour of his predecessor-in-interest, as claimed by him---High Court set aside s and decrees passed by two Courts below as the same were contrary to law and failed to determine pivotal issue while applying independent judicious mind and considering law on the subject in the right way---Second appeal was allowed accordingly. Hakim-Ud-Din through L.Rs. and others v. Faiz Bakhsh and others 2007 SCMR 870 rel. JUDGMENT SHAHID BILAL HASSAN, J.---In a few words, the facts of the case bringing the case to this stage, are that the appellants instituted a suit for declaration with permanent injunction against the respondents challenging the vires of mutations Nos.1695 and 1696 sanctioned in favour of respondents Nos.1 and 2 on 14.02.1994 with regards to land measuring 349-kanals 18-marlas out of property measuring 462-kanals 15-marlas as allegedly the defendant No.3 was not competent to transfer the disputed property because he had already gifted out the same to the predecessor in interest…

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