Law: Constitution of Pakistan, 1956

Section: A I R 1954 S C 379

(a) Hindu Law  -Joint and self-acquired property-Mere exist ence of joint family-No presumption that property in hand of any member of such family is joint-Burden of proving property to be joint-Lies on party asserting it to be so-Members in possession of substantial nucleus of joint property, alleging self-acquisition of part of property-Burden on such member to prove self-acquisi tion.   Proof of the existence of a joint family does not lead to the presumption that property held by any member of a Hindu family is joint, and the burden rests upon anyone asserting that any item of property was joint to establish that fact. But where it is established that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have been acquired, the burden shifts to the party alleging self-acquisition to establish affirmatively that the property was acquired without the aid of the joint family property.   Srinivas Krishnarao Kango v. Narayan Devji Kango A I R 1954 S C 379 and Appalaswami v. Sutyanarayanamurti and others P L D 1947 P C 200 rel.   (b) Writ   -Order of Custodian of Evacuee Property-High Court not a Court of appeal against such order-Impugned order can be interfered with only if there is any error of law apparent on face of the record-Constitution of Pakistan (1956), Art. 170.   (c) Hindu Law   -Gift-Governed by S. 123, Transfer of Property Act (IV of 1882)-Mere entries in mutation registers------ Does not make gift valid and operative.   Gift by a Hindu is governed by section 123 of the Transfer of Property Act, 1882. Under this provision of law a gift made by a Hindu should be by a registered document and unless and until it is so executed it is not valid and operative between the heirs of the deceased person. No valid gift can be created by mere entries in-the mutation registers.   Sh. Assudibai Sahijram v. Sh. Haribai and others A I R 1943 Sind 177 and Nir man Singh v. Lal Rudra Partab Narain Singh I L R 48 All. 529 rel.     JUDGMENT   WAHIDUDDIN AHMAD, J.-This is a petition for a writ of certiorari against…