Law: Specific Relief Act (I of 1877)

Section: 42,54

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Declaration and injunction---Gift---Proof--- Respondents/ plaintiffs were legal heirs of deceased owner of suit property which was mutated in the name of defendant on the basis of gift allegedly made in favour of his predecessor-in-interest---Trial Court and Lower Appellate Court concurrently decided the matter in favour of respondents / plaintiffs--- Validity--- To prove gift, it was incumbent to allege and prove three mandatory ingredients; declaration of gift; acceptance of gift; and transfer of possession of property---It was also necessary to specifically mention time, place and names of persons in whose presence such pre-requisites were performed---Neither such ingredients were mentioned in written statement nor were proved in evidence of defendant---No gift was made by deceased owner of suit land during his lifetime, in favour of predecessor-in-interest of defendant---Execution of power of attorney or existence of any authority therein of making gift of property of deceased owner was not proved by defendant---Suit property devolved upon legal heirs of deceased owners on opening of succession in accordance with Islamic shares, as subsequent mutations in favour of defendant were illegal, a result of fraud, void ab initio and ineffective in law---Second appeal was dismissed, in circumstances.Mst. Bandi v. Province of Punjab and others 2005 SCMR 1368; Mst. Shumal Begum v. Mst. Gulzar Begum and 3 others 1994 SCMR 818; Faqir Ali and others v. Sakina Bibi and others PLD 2022 SC 85; Ijaz Bashir Qureshi v. Shams-Un-Nisa Qureshi and others 2021 SCMR 1298; Barkat Ali through Legal Heirs and others v. Muhammad Ismail through Legal Heirs and others 2002 SCMR 1938 and Mst. Parveen (deceased) through LR.'s and others v. Muhammad Pervaiz and others 2022 SCMR 64 ref.Dates of hearing: 24th February and 2nd March, 2023.JUDGMENTRASAAL HASAN SYED, J.---The instant second appeal is directed against judgments and decree dated 10.3.2011 and 20.11.2014 in terms whereof the suit for declaration of respondents Nos.1 to 3 was decreed by the trial court and appeal thereagainst was dismissed by the first appellate…