Law:

Section:

(a) Constitution of Pakistan-------Art. 185(3)---Civil Procedure Code (V of 1908), S. 115---Petition for leave to appeal---Judgments and decrees of courts below affirmed by High Court in revision---Petitioner's plea that impugned s and decrees suffered from vice of non-reading and misreading of evidence---Validity---Mere such plea without a positive attempt to substantiate same would be of no consequence. (b) Islamic Law--- ----Gift---Mutation of gift alleged by sons to have been made in their favour by mother during her life time---Suit by daughters claiming Islamic share in legacy of their deceased mother---Proof---Sans had not satisfactorily discharged onus to prove that gift was made without exercising undue influence over donor or that she had independent advice at relevant time and she had made gift with her free will and consent---Evidence produced by daughters showed that donor at relevant time was of 90 years age and under treatment of a doctor and factually had lost her faculty of memory and understanding; that donor expired in hospital; and gift mutation had been attested close to date of ailment and death of donor---Suit of daughters was decreed in circumstances. Sh. Wazir Muhammad, Advocate Supreme Court for Petitioners. Nemo for Respondents. Date of hearing: 27th April, 2009. JUDGMENT IJAZ-UL-HASSAN, J.---By this petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, leave to appeal is sought from a judgment of the Peshawar High Court, Peshawar, dated 28-6-2004 whereby Civil Revision No.614 of 2001 filed by Mian Ghayassuddin and others, petitioners, assailing concurrent judgments and decrees passed by Civil Judge and Additional District Judge, Swabi dated 25-5-2000 and 1-10-2001, respectively, has been dismissed. 2. Facts of the case shortly narrated are, that respondents, brought a suit against the petitioners for declaration to the effect that they are entitled to their 'Shari' share in the legacy of Mst. Hamia Begum their mother and the alleged gift Mutations Nos.3760 dated 13-9-1987 and 388 dated 25-2-1990 being based on fraud and misrepresentation, are ineffective upon their rights and equally the…

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