Law:

Section:

Limitation Act, 1908 (IX of 1908)-- ----S. 14--Contract Act, (IX of 1872), S. 17--Fraud--limitation--Validity--In cases of fraud limitation starts from the date of knowledge and not from the date when it was committed--Fraud remains fraud from its inception till its discovery. Contract Act, 1872 (IX of 1872)-- ----S. 17--Transactions made within few months from death of deceased--Such proceedings are to be seen with suspicion particularly when genuineness thereof is disputed by legal heir. Civil Procedure Code, 1908 (V of 1908)-- ----O. XIV, R. 1--Gift transaction--Onus of proof--Onus of proof of gift transaction lay heavily on the beneficiary--Petition was dismissed. PLJ 2006 Lah. 177; 2008 SCMR 855 and 2007 SCMR 368 rel. THIS JUDGMENT DELIVERED BY: PERVAIZ INAYAT MALIK, JUSTICE---.--- This petition is formally admitted to regular hearing and with the concurrence of the learned counsel for the parties this petition is being decided as an admitted case. 2. Through this regular second appeal, the appellant assails the judgments and decrees passed by the learned Civil. Judge dated 21.11.2006 and the learned Additional District Judge Vehari dated 06.02.2009. 3. Briefly stated facts as those emerge out of this appeal are that the Respondent No. 1/plaintiff filed a suit tor declaration to the effect that she is entitled to inherit property of Wali Muhammad alias Balia her real father as per share in accordance with Islamic law of inheritance being her legal heir and that mutation of alleged gift deed bearing No. 1188 dated 29.1.1985, was a result of fraud having been entered in the revenue records with malafide intention and for ulterior motives, to deprive her from the legal share, which was resisted by the appellant by filing written statement. The learned trial Court framed as many as ten issues, whereafter, the parties led their respective evidence. The learned civil judge vide judgment and decree dated 21.11.2007 set asideTamleeq Mutation No. 1158 dated 29.01.1985 by holding it as null and void and against law, with a direction to the plaintiff to affix the Court fee of Rs. 15,000/-. The suit filed by the Respondent No. 1 was decreed where against an appeal was…

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