Law:

Section:

Transfer of Property Act (IV of 1882)------S.122---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), S.115---Gift of corpus---Proof---Suit for declaration--­Plaintiffs/respondents had claimed that sale of suit land in favour of father of defendants/petitioners was Benami and plaintiffs were joint owners of the suit land---Plaintiffs had further contended that defendants had executed a gift deed in respect of land in question in favour of plaintiffs---Defendants had admitted execution of gift deed, but had asserted that it was only a gift of usufruct and not gift of corpus---Gift deed executed in favour of plaintiffs clearly showed that gift was complete corpus gift---Appellate Court below, in circumstances, had rightly declared plaintiffs as absolute owners in occupation of suit land vide gift of corpus or complete gift. Mst. Khan Bibi v. Mst. Safia Begum and others PLD 1969 Lah. 338 and Abdul Hamid and 23 others v. Muhammad Mohyuddin Siddique Raja and 3 others PLD.1997 SC 730 ref. JUDGMENT Civil Miscellaneous No. l/C of 2000 For orders to be passed in the main case no order needs to be passed in this C.M. The same is accordingly disposed of. Main case. Respondents Nos. l to 3 filed a suit against the petitioners and the other respondents claiming that sale of the suit land in favour of Muhammad Bakhsh was Benami and that the said respondents Nos. 1 to 3 are joint owners of the suit land., In the alternative it was prayed that they, are owners of 16 Kanals of land under gift, dated 12-9-1991. In the plaint it was contended that one Pir Bakhsh had five sons, 3 are plaintiffs/respondents while Muhammad Bakhsh was the father of the petitioners. The land was owned by the Provincial Government which sold the same by means of auction and that` all the four brothers participated therein with joint funds. However, Muhammad Bakhsh made the bid and consequently all the papers etc. were issued in his name. The said parties continued in possession according to their shares. However, Muhammad Bakhsh in order to usurp the share of others started making alienations; that on the protest of the said plaintiffs/respondent , the petitioners executed a gift…

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