Law:

Section:

(a) Muhammadan Law-- ----Gift---Validity---Plaintiff's wife being co-sharer and in exclusive possession of specified Khasra numbers had gifted land in question in favour of plaintiff--­Donor could validly transfer her share in whole of undivided joint Khata to the extent of her share through sale or gift and deliver possession thereof to transferee---Title would stand validly conveyed to transferee, subject to future adjustment in partition proceedings---Transferee in fact would step into the shoes of transferor and he himself would become co-sharer in the Khata to the extent of share transferred in his favour---Transferee's ownership and possessory rights over specified Khasra numbers would, however, be subject to adjustment on partition as and when effected---Possession of donor and donee before and after gift in question, was supported by oral as well as documentary evidence---Entries in Revenue Record have the presumption of correctness--­No evidence was brought on record to rebut such presumption---Gift in favour of plaintiff, thus, had all the attributes of a valid gift i.e. declaration, acceptance and delivery of possession. Muhammad Inayat v. Ghulam Murtaza PLD 1987 Lah. 537; Fazal Karim and others v. Muhammad Zaman PLD 1989 SC 764 and Mulliammad Muzaffar Khan v. Muhammad Yousaf Khan PLD 1959 SC (Pak.) 9 rel. PLD (b) Specific Relief Act (I of 1877)-- ----Ss. 9 & 42---Plaintiffs dispossession from land in question, during pendency of suit---Plaintiff having been dispossessed during pendency of suit, Court could grant him relief of possession in declaratory suit under S.42, Specific Relief Act, 1877 by allowing amendment in plaint---Controversy to the effect, that relief for possession could or could not be granted under S.9, Specific Relief Act was merely academic in nature---Plaintiff was entitled to and had rightly been granted decree for possession. Muhammad Shaft v. The Collector etc. 1979 CLC 230 and Keramat Ali and another v. Muhammad Younas Haji and others PLD 1963 SC 191 rel. (c) Muhammadan Law-- _ ----Gift---Gift by wife in favour of her husband---Appellate Court granting husband decree for declaration with possession---Validity---High Court…

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