Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 39---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Mutation---Proof of ownership---Scope---Correctness of mutation---Onus to prove---Presumption of truth is attached with Revenue Record but such presumption is always rebuttable---Mutation itself does not confer or extinguish any right or title and if the mutation on the basis of which right in the property is claimed, is disputed, the onus of proving the correctness of mutation and genuineness of the transaction contained therein would be on the party claiming right on the basis of such mutation---Mutations are entered and sanctioned to keep the Revenue Record in order which do not, as such, create right or title in the property---Entries in Revenue Record based on wrong mutation do not have any legal effect on the title of property. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117, 120 & 127---Transaction on behalf of Pardahnashin lady---Good faith of transaction---Onus to prove---If genuineness of a transaction entered on behalf of a Pardahnashin lady is disputed by the lady, heavy onus would lie on the person who asserts right through it, to prove the good faith and genuineness as envisaged in Art. 127 of Qanun¬e-Shahadat, 1984---Genuineness of transaction of disposition by Pardahnashin ladies and also by illiterate and ignorant women, must be established by the person who claims its genuineness or who is to be benefited by such transaction through reliable, cogent and convincing evidence. (c) Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Constitution of Pakistan (1973), Art.185 (3)---Declaration of title---Inherited property---Gift by Pardahnashin lady---Onus to prove---Plaintiffs being sisters of defendant disputed mutation of gift attested in favour of defendant on the ground of fraud, forgery and misrepresentation---Trial Court decreed the suit and and decree passed by Trial Court were maintained by Appellate Court and High Court---Validity---Express or oral relinquishment of right of a female heir in inherited property in favour of male heir, through gift or any other legal…

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