Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Gift of suit land through mutation in favour of four sons (defendants) by deceased father alleged by his daughters (plaintiffs) to be result of fraud---Proof---Onus of proof of transaction embodied in mutation would essentially lie upon its beneficiary to establish that same was result of conscious application of mind of donor and not under influence or fraud played with him---Duty of beneficiary of mutation was to prove same by producing evidence in accordance with accepted principles and in terms of Qanun-e-Shahadat, 1984---According to suit mutation, all donees-defendants were not present at time of its sanctioning--- Nothing on record was available to justify as to why one donee received less property than his other brothers-donees--- Deceased donor was 90 years old--- According to Lambardar (relative of both parties) that only at the time of his statement, he came to know that deceased had deprived daughters of their shares---Such statement of Lambardar could not be taken as proof that deceased had made gift only in favour of his sons and not daughters---Suit was decreed in circumstances. Muhammad Amir v. Khan Bahadur and another PLD 1996 SC 267 and Atiq-ur-Rehman v. Muhammad Amin PLD 2006 SC 309 ref. Bridget Antony's. case PLD 1953 PC 77; Ghulam Ali's case PLD 1990 SC 1; Mst. Hussain Jan's case PLD 1964 SC 173; Hakim Ali's case 1994 SCMR 193; Walayat's case 1994 MLD 1955; Muhammad Ali's case PLD 1993 Lah. 33; Haji Ghulam Ali's case PLD 1971 SC 376; Hakim Khan's case 1992 SCMR 1832; Mst. Nazeeran's case 1990 SCMR 400 and Mst. Noor Fatima's case 1990 SCMR 629 rel. Mst. Manzoor Mai v. Abdul Aziz 1992 CLC 235 distinguished. (b) Civil Procedure Code (V of 1908)--- ----S. 96 & O. XLI, R. 33---First Appellate Court, powers of---Scope---First Appellate Court while deciding appeal had powers similar to that of Trial Court---Appellate Court could reverse findings of Trial Court only after analyzing evidence on record by pointing out any misreading or non-reading or misappreciation of evidence by Trial Court in violation of settled principles of law or any provision of law. (c) Islamic…

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