Law: Specific Relief Act, 1877

Section: 42,39

Law: Balochistan Land Revenue Act, 1967

Section: 52

(a) Specific Relief Act (I of 1877)--- ----Ss.42 39---Balochistan Land Revenue Act (XVII of 1967), S.52---Suit for declaration and cancellation of mutation---Presumption in favour of entries in record-of-rights and periodical records---Oral gift---Gift in favour of minor---Scope---Plaintiffs sought declaration and cancellation of mutation of oral gift allegedly executed by their father---Contention of defendant was that after the demise of his father, the father of plaintiffs had looked after him/brought him up and he had lived in his house being orphaned nephew---Validity---None of the witnesses of the plaintiffs stated how and when the fraud was committed by the defendant---Mutation entry was effected in the name of defendant in the year 1974---Witnesses examined by the plaintiffs were less than fifty years of age meaning thereby that the gift was effected either prior to their birth or in their childhood, as such fraud could not be proved---Father of plaintiffs had never challenged the gift in his lifetime and it could not be accepted that the minor had got mutated the suit property fraudulently---Mutation entry though could not create or extinguish title but it had evidentiary value---Under S.52 of the Balochistan Land Revenue Act, 1967, presumption of truth was attached with the record of rights---Revision petition was dismissed. Sakhawat Ali v. Province of Punjab, 2002 YLR 2338 ref. Shamsher v. Yar Muhammad Khan 2001 CLC 1007 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts.117 119---Burden of proof---Burden of proof as to particular fact---Scope---One who alleges something must prove the same through reliable, confidence inspiring and trustworthy evidence---Mere allegation of fraud without proof cannot absolve him from proving the allegation of fraud---Though the fraud vitiates solemn proceedings but the party alleging fraud should prove the factum of fraud. (c) Islamic law--- ----Gift---Oral gift---Gift in favour of minor---Scope---Gift in favour of minor is not invalid if physical possession is not given---Muslim can gift his property to any one with his free will---For gift, no writing is essential---Donor can gift orally. (d) Civil Procedure Code…

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