Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120,17,79

Law: Specific Relief Act, 1877

Section: 42

Law: Registration Act, 1908

Section: 17

(a) Suit--- ----Administration of justice---Plaintiff and defendant, duties of---Scope---It is primary duty of plaintiff to substantiate averments of plaint through cogent evidence, thereafter defendant would adduce evidence in rebuttal. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 & 120---Document, proof of---Beneficiary of any document was bound to establish its genuineness. (c) Registration Act (XVI of 1908)--- ----S.17---Gift, registration of---Scope---Muslim belonging to Hanfi Sect can make a valid gift of his title even orally in favour of an heir but up to 1/3rd even without executing any document---Once gift is reduced into writing, its registration under Registration Act, 1908, is must when value of subject matter exceeds Rs. 100. (d) Specific Relief Act (I of 1877)--- ---S.42---Registration Act (XVI of 1908), S.17---Qanun-e-Shahadat (10 of 1984), Arts.17 & 79---Gift, proof of---Non-registration---Death of donor---Effect---Concurrent findings of two Courts below---Plaintiff claimed to be owner of suit property on the basis of gift deed executed in his favour by deceased owners---Trial Court and Lower Appellate Court concurrently decided suit and appeal in favour of plaintiff-Validity-Deed regarding immovable property worth more than Rs. 100 was compulsory registerable but gift deed in question was never produced for registration nor it was produced to revenue authorities for incorporation in revenue record---Explanation offered by plaintiff in his deposition was that due to financial weakness he did not produce the same for registration or incorporation in revenue record but such explanation was not convincing as plaintiff in witness box had stated that he filed the suit for giving effect to gift deed in revenue record---Plaintiff had contradicted his stance in plaint wherein it was alleged that in view of interference of defendant he approached Civil Court for requisite declaration and consequential relief---Suit was brought after the death of owners of property in question and during their lifetime plaintiff did no overt act to assert a gift deed in his favour and suit was filed after the death of two alleged donors---Disputed gift deed…

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