Law:

Section:

Muhammadan Law------- Specific Relief Act (I of 1877), S. 39---Qanun-e-Shahadat (10 of 1984), Arts. 78 & 84---Suit for cancellation of registered gift deed in respect of land in question, in favour of one daughter by donor while leaving out his sole son and other daughters---Donor's son being in possession, seeking cancellation of such gift deed, by denying factum of gift and claiming gift deed to be a fabricated transaction---Plaintiffs suit was dismissed by trial Court but decreed by Appellate .Court---Validity---Donor was old and aged person and illiterate---Burden to prove execution of gift deed by him and its valid registration at his instance lay upon donee who did not appear in witness box to depose about voluntary execution of gift deed by her father and its registration at his instance---Neither stamp vendor nor scribe of gift deed were produced in evidence---None from the village where land in question, was situated and donor resided was associated with execution and registration of gift deed ---Lambardar of the village where land was situated was also excluded from the transaction in question---Attesting witnesses of gift deed were from a far-off village--­Appellate Court had disbelived their testimony on proper scan of evidence--­No other relation of donor had accompanied him at the time of execution and registration of alleged gift---No good reason was shown for donor to prefer one daughter to his sole son and three other daughters---Transaction in question, was against ordinary human conduct ---Plaintiff was .in possession of land in question, during lifetime of his father and even after his death---In case of denial of execution defendant (daughter) who had to prove voluntary nature of transaction had failed to prove that same was voluntary and its execution and registration was at the instance of donor---Gift in question was, thus, not binding on plaintiff in circumstances. ORDER This petition in revision was against the judgment and decree of learned Additional District Judge-I, Chiniot dated 7-5-1994 by which the judgment and decree of the learned trial Court were set aside and the suit instituted by plaintiff-Yaqoob for cancellation of…

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