Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 8---Suit for possession---Gift---Validity---Plaintiff and defendants were brothers and sisters inter se---Claim of plaintiff was that house in question was gifted out to him by his father---Courts below had concurrently dismissed suit filed by the plaintiff---Perusal of the gift-deed had revealed that allegedly the same had been executed by father of the plaintiff in respect of 3 marlas as open land without any construction---Plaintiff did not produce any mason, labour, carpenter and contractor to prove construction of the house by him---Even the area mentioned in said gift-deed was disputed---Plaintiff had also failed to prove as to when and how defendants took possession of the house from him---Filing suit for possession, by itself was sufficient proof that the plaintiff was not in possession of disputed house, which was one of the important ingredient of validity of gift---To deprive the defendants from their share in inheritance, plaintiff had somehow succeeded in obtaining the gift-deed, which was never acted upon during life time of their predecessor---Plaintiff had also admitted in his evidence that at the time of execution of the gift-deed, his father was sick, which factor must also be considered because a person lying on death bed was incompetent to execute gift-deed moreso, when he was under the influence of the person residing with him---Gift-deed in such like situation, even if executed by the donor, was void---Judgment and decrees of two courts below being perfectly correct, were maintained and revision petition was dismissed, in circumstances. Jehanzeb Khan for Petitioner. Iftikhar Ali Qadir for the Respondents on pre-admission notice. ORDER SHER MUHAMMAD KHAN, J.--The petitioner has impugned the judgment/ decree passed by learned Additional District Judge-IV, Mardan on 8-10-2008 vide which appeal against the judgment/ decree passed by learned Civil Judge-X, Mardan dated 8-12-2005 was upheld. 2. Brief facts of the controversy between the parties are that petitioner and respondents are brothers and sisters inter se. The petitioner filed suit for possession in respect of constructed house fully described in…