Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Transfer of Property Act (IV of 1882), Ss. 122 & 123---Suit for declaration---Gift---Claire of plaintiff was that her father was owner of land measuring 24 Kanals and 13 Marlas and he transferred the same in her favour vide registered gift-deed and that she was in possession of said land since its transfer in her name---Plaintiff had also alleged that out of the total land, 4 Kanals and' 7 Marlas out of one Khewat, inadvertently could not be entered in the said registered gift-deed and plaintiff in her suit had sought declaration with regard to said 4 Kanals and 7 Marlas---Trial Court dismissed the suit, but Appellate Court setting aside and decree of Trial Court decreed the suit--­Validity---Registered gift-deed had clearly indicated that land measuring 20 - Kanals and 6 Marlas (only) had been transferred in favour of the plaintiff---Marginal witnesses of gift-deed had also stated that said gift-­deed containing 20 Kanals and 6 Marlas was read over to them before attestation of the same---Gift-deed was properly worded and description of transferred property had been very clearly stated therein---Intention of donor was also clear that he intended to transfer only 20 Kanals and 6 Marlas land 'out of 24 Kanals and 13 Marlas owned by him---Suit-land measuring. 4 Kanals and 7 Marlas was not in possession of the plaintiff but was in possession of defendants as purchasers thereof and plaintiff had not obtained possession of the suit-land on basis of alleged gift­deed---Plaintiff, in circumstances could not claim that suit-land measuring 4 Kanals and 7 Marlas was also transferred in her name--­Trial Court had rightly dismissed the suit whereas Appellate Court had failed to appreciate evidence available on record which had resulted in miscarriage of justice---High Court accepting revision, set aside and decree passed by Appellate Court and suit of plaintiff was dismissed. Shamshad Ali Shah and others v. Syed Hassan Shah and others PLD `1964 SC 143 and Ashiq Hussain and another v. Ashiq Ali 1972 SCMR 50 ref. Mian Ghulam Hussain for Petitioner. Taqi Ahmad Khan for Respondent. Date of hearing: 18th November, 2003 JUDGMENT…

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