Law:

Section:

(a) Transfer of Property Act (IV of 1882)--------Ss. 122 & 123---Specific Relief Act (I of 1877). Ss.42 & 54---Gift--­Validity---Requirements---Suit for declaration and permanent injunction--­Petitioner/defendant had claimed that suit property was gifted to him by his deceased father with his free consent by appearing before Revenue Officer--­Respondent, who was real brother of petitioner denied claim of petitioner contending that he had been illegally deprived of his legal share and that petitioner had got mutation sanctioned in his favour fraudulently---Petitioner had failed to establish on record three requirements of valid gift (i) declaration by donor of property; (ii) acceptance by donee; and (iii) delivery of possession under declaration of gift---Property in, dispute was situated in village different to one in which mutation in that respect was sanctioned---Mutation should have been sanctioned in the estate where property in dispute was lying---Petitioner had also failed to bring on record special circumstances as to why donor had gifted the property to him and deprived his other son, the respondent, of the same---Courts below, in circumstances, had rightly rejected claim of petitioner regarding gift of property in his favour. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction, exercise of--Concurrent findings of fact of Courts below, based on evidence on record and not suffering from any misreading/non-reading of evidence, could not be interfered with by High Court in exercise of its revisional jurisdiction. JUDGMENT In this revision petition, the petitioners had challenged the judgment and decree, dated 11-10-1992 passed by the District Judge, Bhakkar, whereby the judgment and decree, dated 16-5-1988 passed by the Civil Judge, Bhakkar, decreeing the suit was upheld. 2. The facts leading to the present revision petition are to the effect that the respondent/plaintiff had filed a suit for declaration with permanent injunction in respect of the suit property measuring 11 Kanals, 15 Marlas and 1/4 share out of 82 Kanals and 8 Marlas land situated in Mauza Jandanwala and also challenged the validity of the Mutation No.539,…

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