Law:

Section:

(a) Muhammadan Law Gift Donor himself natural guardian of minor donees, their father having died earlier, donees under care and control of donor and being brought up by him Natural guardian in circumstances, held, could have by his own declaration parted with seizen and at same time received delivery of possession in such new context Donor himself making report before Patwari, jetting mutation entered, personally appearing before Revenue Officer and accepting factum of making gift and delivery of possession Donor a big Zamindar and Lambardar very well understanding nature of his actions and statements and their obvious consequence, transaction, held, 'bona fide and not invalid due to lack of delivery of possession. (b) Punjab Land Revenue Act (XV of 1887 ) ---S. 44 and West Pakistan Land Revenue Act (XVII of 1967), S. 52¬Presumption Entries in Jamabandis Carry a statutory presumption of truth Objection of invalidity of mushaa gift on ground of non¬ delivery of possession, in circumstances. held, factually goes away.¬[Presumption]. Sonaullah Fakir v. Alam Fakir and others 1968 S C M R 311(2) ; Sahib Dad v. Muhammad Ajaib and another 1972 S C M R 295 and Sheikh Muhammad Mumtaz Ahmad and others v. Zubaida Jan and others 16 I A 205 ref. (c) Limitation Act (IX of 1908) ---Art. 120 Limitation Plea of coercion not established or pressed, gift completed by delivery of possession and entries in Jamabandis Suit to challenge gift after about 14 years, held, clearly time barred. ORDER KARAM ELAHEE CHAUHAN, J. The dispute in this case is about an area of 702 kanals of agricultural land situated in Mauza Khola, Tehsil and District Mianwali which was gifted by Hakim Khan (plaintiff/petitioner) (now represented by his legal representatives) to his grandsons (i) AurangZeb Khan and (ii) Muhammad Arif (defendants/respondents), by means of a mutation bearing No. BE/141, attested on 15 2 1952. After a period of about 14 years, from the sanction of the mutation the plaintiff on 3 2 1966 filed a suit for a declaration that he was still the owner of the suit land and that the gift aforesaid was illegal and void inasmuch as it was not completed by delivery of possession and was never…

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