Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Gift mutation---Plaintiffs filed suit for declaration challenging therein the validity and legality of mutation of gift in favour of their brother, which was fraudulently sanctioned---Plaintiffs had prayed that impugned mutation be declared unlawful, invalid and inoperative upon their rights---Trial Court dismissed suit, but on filing appeal by the plaintiffs, Appellate Court below set aside and decree passed by the Trial Court---Validity---Patwari, who was produced by the defendant in proof of his claim, had deposed that entry in question was made by him under duress or coercion of defendant for which rapat was also sent to higher authorities---Mutation in question and Roznamcha Waqiati, had shown that entry was not made, but was adjusted in the space wilfully left blank earlier---Patwari had further deposed that signatures/thumb impressions, were never made on said documents in his presence---Material contradictions were also noticed in the statements made by the witnesses produced by the defendant---Plaintiff ladies, who according to the assertion of defendant, had gifted away their land to defendant, who was their brother, had their own children and spouses---Defendants had failed to adduce any cogent evidence to show as to why, they in presence of their own children and spouses, had preferred their brother or nephew---Defendants had neither rendered any special service to plaintiffs/donors, nor had such relations that the donors could prefer defendants/donees over their own children and spouses---Defendants being already in possession of the land as co-sharer, no actual possession in result of the disputed gift mutation was delivered to them---When the plaintiffs had alleged fraud against the defendants, onus to prove the same shifted on defendants as they were the beneficiaries of the disputed mutation---Defendants had miserably failed to prove that mutation in dispute was validly and lawfully sanctioned---Mutation in question was proved to be fraudulently got sanctioned by the defendant in connivance with Revenue Officials in order to deprive the plaintiffs from their lawful…

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