Law: Specific Relief Act, 1877

Section: 39, 42, 54 , 55

Law: Code Of Civil Procedure, 1908.

Section: 115

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 39, 42, 54 & 55--Civil Procedure Code, 1908 (V of 1908), S. 115--Suit for declaration--Cancellation of gift mutation--Possession--Fraudulent, bogus and fake mutation--Correction of revenue record--Decree--Appeal--Dismissed--Burden of proof in inheritance case--Preponderance of evidence--Concurrent findings--In an inheritance case, what a plaintiff (s) is required to prove two facts i.e. (i) their relationship with common predecessor or with defendants, and (ii) that suit property was owned by their common predecessor--Beneficiary of gift had neither been proved incident of gift--Requirements of proof of valid entries and attestation of mutation--In absence of proof of both independent transactions plea of beneficiary of such transaction could not be appreciated--Mere attestation of mutation by itself did not furnish proof--A mutation could not by itself be considered a document of title--Beneficiary of such transaction must proved execution of original transaction as well as valid attestation of document--In instant case, circumstances are entirely different--All male legal heirs deprive female legal heirs of their shari share-- Supreme Court had shown an immense displeasure--To deprive female heirs from their inheritance--It contravenes what had been ordained by Almighty Allah--Such litigation needs to be discouraged with imposition of heavy cost--It is well settled exposition of law, deducible from plethora of dictums laid down by superior Courts that Section 115, C.P.C. empowers and meted out High Court to satisfy and reassure itself that order of subordinate Court is within its jurisdiction--Petition allowed.                      [Pp. 224, 225, 226, 227 & 228] A, B, C, D & E Mr. Nijauddin Yousafzai, Advocate for Petitioners. Respondents are not represented being a motion case. Date of hearing: 24.6.2025. Judgment Through this Civil Revision Petition, petitioners have challenged the judgment and decree of the learned trial Court dated 31.10.2023, whereby the suit filed by the…