Law:

Section:

(a) 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---Gift---Onus to prove---Concurrent findings of fact by the Courts below---Owner of suit-land died issueless and prior to his death he gifted his land to his wife---Plaintiffs being collaterals assailed the gift on the basis of non-compliance of necessary ingredients of a valid gift and claimed to be the owners to the extent of their shares---Suit and appeal were dismissed by Trial Court and Lower Appellate Court, respectively---Concurrent s of two Courts below were maintained by High Court in exercise of revisional jurisdiction---Plea raised by plaintiffs was that the gift was not valid, as the donor was suffering from depression and obsessional neurosis---Plaintiffs further contended that neither there was offer, nor acceptance of gift and possession of suit-land was also not handed over to the donee---Validity---Donor and donee being husband and wife were living together and management of agriculture land was under the control of donor as donee could not personally engage herself in the cultivation of land---In law, the donee would be deemed to be in possession of land under the gift---Plaintiffs having disputed validity of gift, were under heavy burden to prove that gift was not genuine or it was suffering from an~ other legal or factual defect or the concurrent findings of Courts below, on the question of existence of a valid gift, was the result of misreading or non-reading of evidence---Supreme Court declined to interfere in the concurrent s and decrees passed by the Courts below---Leave to appeal was refused. Muhammad Yaquoob through Legal Heirs v. Feroze Khan 2003 SCMR 41 and Muhammad Bakhsh v. Ellahi Bukhsh 2003 SCMR 286 distinguished. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction under S.115, C.P.C.---Scope---Concurrent findings of fact by the Courts below---Reappraisal of evidence in revisional jurisdiction---Principles---Concurrent finding on a question of fact or mixed question of law and fact, if found suffering from misreading or non-reading of…

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