Law:

Section:

One Abbas Ali son of Maula Bakhsh was owner of land measuring 157 Kanals, 13 Marlas in revenue estate Domali, Tehsil and District Chakwal. He died on 15-7-1984 (Exh.P.3 the death certificate). He was survived by a widow Mst. Said Jan, respondent No.2, a daughter Mst. Nazir Begum, since dead on 2-11-1984, a sister Mst. Bakht Bano, since deceased and survived by her daughter Mst. Sahib Noor respondent No.3, and a nephew (real brother's son) Muhammad Ajaib, the petitioner. Said Abbas Ali left no male issue. Abbas Ali in his lifetime made an oral gift of 137 Kanals, 14 Marlas of land in favour of the petitioner and acknowledged it in writing vide dated 27-4-1984 (Exh.D-1) in presence of the marginal witnesses. On the same date vide deed in writing Exh.D-2 he made a gift of his remaining land measuring 19 Kanals, 19 Marlas, i.e. 118th share of his total land, to his wife Mst. Said Jan in presence of the same witnesses. Mutation 332, Exh.P.1, was entered on 29-10-1984 to give effect to giftdeed Exh.D.1. It is the further case of the petitioner that Mughal Hussain, respondent No. 1, who, had succeeded his deceased wife Mst. Nazir Begum, participated in the inquiry and objected to the attestation of the gift mutation on the basis of Exh. D.1, the acknowledgement deed. The appeal filed against Mutation No.332 by respondent No.1 was dismissed on 11-6-1985.                                                                       On 15-5-1991, the plaintiff respondent Mughal Hussain instituted a suit claiming the share in the estate left by Abbas Ali as an heir to Mst. Nazir Begum after annulment of gift deeds and mutations sanctioned on their basis, in the Civil Court at. Chakwal. The impugned mutation was challenged on the ground that Abbas Ali, donor, was suffering from Cancer, he was unable to walk; he was noon his senses and the…