Law:

Section:

Contract Act (IX of 1872)--- -----S. 16 read with Muhammadan Law-Gift-Undue influence­ Gift deeds proved by petition-writer and attesting witness to have been executed at donor's instance-Deeds read over to executant twice, once by petition-writer and secondly before Registrar-Executant walking three miles on foot to get deeds registered at Registration Office-Deceased executant of deeds, held, clearly shown to have had his mental and physical capacity, intact in spite of his advanced age-Plaintiffs having incurred donor's wrath by involving him in protracted and frivolous litigation, all ending in s against them, donor held, for obvious reasons, made gifts deliberately in favour of defendants who served him and with whom he was pleased at cost of plaintiffs-Plaintiffs having failed to discharge burden of proof in respect of transactions having been induced by undue influence, no room, held, to warrant interference with findings of High Court, not shown to be based on no evidence. Inche Noriah binte Muhammad Tahir v. Ahaik Allie bin Omar bin Abdullah Bahushuan A I R 1929 P C 3 and Allcard v. Skinner (1888) 36 Ch. D 145 ref. JUDGMENT MUHAMMAD AKRAM, J.-This is the plaintiff's appeal by special leave froth the judgment and decree passed by a Division Bench of the then High Court of West Pakistan at Lahore on the 8th November, 1966. Briefly the relevant facts are these. On the 10th January, 1951, one Mohammad Din son of Nazir resident of Village Aada, Tehsil Daska, District Sialkot gifted lands measuring 34 kanals 13 marlas in favour of his adopted son, Mohammad Shafi respondent No. 2 and measuring 58 kanals 11 marlas along with the kotha in favour of respondent No. 1, Allah Rakha, father of said Mohammad Shafi, by means of two registered deeds (Exh. D-1 and D-2). He died afterwards on the 5th August, 1951. On this on the 9th January, 1954, the appellants, Nawab Din and 9 others, brought the suit, out of which this appeal has arisen, against the two respondent in the civil Court at Daska for possession of the land by avoiding the two gifts in dispute, inter alia on the grounds that the donor was old and invalid and not in sound disposing mind to make them. Even…

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