Law:

Section:

(a) Transfer of Property Act (IV of 18$2)--- ----S.123---Qanun-e-Shahadat (10 of 1984), Art.49---Gift---Validity---Plaintiffs assertion in plaint and evidence was that donor was already dead on the date of execution of alleged gift deed and its registration---Plaintiffs statement that donor, his father died on 21-3-1976 at the age of hundred years and that he was not in a position to walk and that a fictitious person was produced at the time of scribing and registration of gift deed and also at the time of sanctioning of mutation, after the death of alleged donor---Correctness of plaintiffs statement as to the date of death of donor was not specifically questioned in cross-examination---No question was put to plaintiff as to the age of donor or as to his physical state to contradict his evidence in this regard--Register of death entries showed overwriting and instead of figure 3, figure 4 had been put with a different ink to indicate that donor instead of 21-3-1976 had died on 21-4-1976---Evidence on record clearly indicated that donor had died on 21-3-1976 i.e., before the date of alleged gift---Defendants' evidence being contradictory did not inspire confidence---Gift deed having been scribed by a scribe, neither he nor any of the witnesses was produced by defendants--­Onus of' proof being on defendants who asserted execution and registration of document by a particular person in their 'favour having not been discharged, execution or registration of same by donor could Rot be established---No. presumption - was attached to a registered document regarding its execution where document was challenged as forged one---Gift in favour of donee/defendant was not proved in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art.132---Cross-examination---Statement of a witness on a specific fact when not questioned in cross-examination would be deemed to have remained unrebutted; (c) Qanun-e-Shahadat (10 of 1984)--- ----Art.2(b) & 118---Document---Execution and registration of document--­Onus of proof was always on the person who had asserted execution and registration of document by a particular person in his favour---No presumption was attached to a…

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