Law: Specific Relief Act, 1877

Section: 8,42

Law: Transfer of Property Act, 1882

Section: 122

(a) Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Transfer of Property Act (IV of 1882), S.122---Suit for declaration and possession---Gift deed---Validity---Plaintiff filed suit for declaration to the effect that he was owner in possession of respective portion of property of predecessor-in-interest of the parties and that gift-deed allegedly executed by the predecessor-in-interest of the parties in favour of the defendants in his `Maraz-ul-Maut', was wrong, illegal and fictitious---Defendants contested suit claiming that common ancestor of the parties died leaving behind eight sons, two daughters and a widow and that predecessor-in-interest had gifted the suit property to his two sons and a daughter through gift-deed, duly registered and witnessed by two other sons of the donor and that said gift-deed was not made by the donor in his `Maraz-ul-Maut'---Medical Officer had stated that donor/common ancestor of the parties, though was suffering from Cancer, but cause of his death was malignant brain tumour and secondary cause was heart attack---Said Doctor was not cross-examined to the effect that deceased donor before his death was not in a position to understand the nature of transaction or that he was completely incapacitated---Question whether donor suffered from a disease which was his immediate cause of death at the time of gift, was a mixed question of fact and law and the best evidence in that regard was the evidence of the doctor who treated the donor and the Sub-Registrar who attested the gift-deed---Sub-Registrar was not produced as a witness by the plaintiffs in the court---Non-examination of Sub-Registrar was a serious set back in the case of the plaintiff---In the present case donor was suffering from Cancer, which disease was not the immediate cause of his death and it was not brought on record that said donor was completely incapacitated or unable to pursue his ordinary work---Gift by the donor in favour of defendants in circumstances, was not the gift during `Maraz-ul-Maut' as alleged by the plaintiff and it was a gift simpliciter, the essential requirements of which were duly fulfilled---Both courts below in decreeing suit filed by the…

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