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Constitution of Pakistan (1973)--Art. 185(3)--Civil Procedure Code (V of 1908), S. 9--Suit for declaration--Gift of agricultural land to cousin challenged--Allegations of fraud and misrepresentation-- Neither factum of execution of gift deed, nor delivery of possession or special relationship/ justifiable cause for gifting property, established--Suit decreed in appeal in favour of respondents--Conclusion drawn by lower Courts being unexceptionable, Supreme Court declined to re-open--Petition being devoid of merits, dismissed. ORDER MUHAMMAD HALEEM, C.J.--The dispute in this petition relates to a gift of 14/220 share in agricultural land measuring 120 Kanals and 18 Marlas situate in Chak No. 363-R.B., Tehsil and District Faisalabad. The respondents herein purportedly made a gift in favour of their cousin, the petitioner herein, through a registered gift deed, dated 10th of March, 1981. A mutation bearing No. 2074 in regard to the said transaction was also sanctioned. It appears that the respondents herein filed a declaratory suit on 21st of June, 1981, seeking a declaration that the gift deed be declared as null and void as having been got executed through misrepresentation and by practising fraud. The precise ground taken in the plaint was that the petitioner had represented to them that he would get them the possession of their share through partition if they were agreeable to lease out the land to him. And as they were Pardah Nashin ladies and illiterate they were kept in dark as to the real nature of the transaction, and they executed the document taking it to be…

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