Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 119, 122 & 133---West Pakistan Land- Revenue Act (XVII of 1967), R. 42----Suit for declaration--Mutation of gift in favour of wife by husband---Plaintiffs (other legal heirs of donor) had alleged that the gift was made during Marz-ul-Maut-- ­Trial Court decreed the suit, but Appellate Court dismissed the same--­Validity---Plaintiffs had brought on record sufficient material from operative part of examination-in-chief of their witnesses that donor was not in senses---Defendant had not cross-examined plaintiff's witnesses with regard to ailment of donor---Defendant's witnesses had admitted that age of donor was 65 years, gift mutation-was sanctioned in village, where donor was not residing, and Patwari of both villages were different--­Defendant had not produced Revenue Officer to prove factum of gift and mutation---Statements of defendant's witnesses were contradictory in nature and had failed to prove contents of impugned mutation of gift in terms of law---Appellate Court had not adverted to reasoning of Trial Court in impugned ---High Court accepted revision petition, set aside impugned /decree of Appellate Court and restored that passed by Trial Court with observations that defendant would be entitled to portion of disputed property in accordance with Injunctions of Islam. Naseer Ahmed v. Arshad Ahmad PLD 1984 SC 403; Muhammad Bakhsh v. Nisar Ahmad 1985 CLC 1974; Mrs. J.C. Rehman v. Mrs. Sultan Ahmad 1985 CLC 2271; Muhammad Sadiq v. Fakhari Pasha 1985 CLC 2211; Luqman v. Yar Muhammad 1985 CLC 2327; Mst. Sikandar Jan v. Abdul Ghani 1985 CLC 2582; Syed Iqbal Ahmad v. Mst. Sarwari Begum PLD 1967 Lah. 1138; Mst. Mahmood Khatoon v: Muhammad Khan 2000 YLR 534(2); Mohammadan Law by D.F. Mulla, paras. 139, 152(3), 153; Rashid-ud-Din v. Nazir-ud-Din AIR 1929 Lah. 721 and Mst. Ghulam Sughran's case PLD 1986 Lah. 194 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 133---Specific assertion made by witness in examination-in-chief substantially relevant to controversy of case---Such assertion was not challenged in cross-examination by putting contrary suggestion---Held, such…

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