Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 42---Factum and validity of transaction---Defendant who had set up transaction in his favour was required to prove voluntary nature of the same by adducing convincing evidence of presence of transfer before Revenue Officer for the purpose of admitting transfer by him for the attestation order of mutation in question, did not show presence of transferor before the Revenue Officer---Mutation in question, was attested in a different revenue estate and there was no explanation on record to show as to why the same was not attested in the revenue estate to which it related---Defendant being a beneficiary of the transaction his testinnony was imbued with interest and by itself was insufficient to sanction transfer of whole of the land of transferor to him in preference to his daughter---Testimony of defendant was also incredible on account of the fact that he had denied relationship of plaintiff with deceased while it was abundantly proved on record that plaintiff was the real daughter of deceased and both Courts having concurred to such effect, defendant did not further challenge concurrent findings ,on that point---Defendant's testimony relating to transfer of whole of deceaecd land in his favour, thus could not be accepted. Nathe Khan v. Mst. Rahmat Ribi and others PLD 1961 (W.P.) BJ 96 and Hakim Khan v. Aurangazeb and another PLD 1975 Lah.1170 ref. (b) Witness--- ---- Statement of---Ordinarily, party must be bound by the statements of his witnesses but the overall context in w1hich the statements were made in the light of the entire milieu must be seen to judge their accuracy.--[Practice and procedure]. Jalal Din and another v. Nawabo and others AIR 1941 Lah. 55 rel. (c) Civil Procedure Code (V of 1908)--- ----S. 100---Concurrent finding of fact--Validity---Where record was misread, ignored or omitted from consideration or finding rendered by Courts was palpably perverse or unjust, concurrent finding of fact would lose its sanctity--­Court would be guilty of serious misdirection in reading a document in evidence which was not part of the record. (d) Muhammadan Law-.- ----Gift---Result of gift was…

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