Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.4

Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.4

Civil Procedure Code (V of 1908)-------O. VI, R.4---Execution of gift deed by mother in favour of sons---Mutation was challenged by donor's daughters---Order VI, R.4, C.P.C. mandated that plaintiff was bound to give the details of fraud etc. which were completely lacking in the present case---Evidence produced by plaintiff was sketchy and non-confidence inspiring---Defendants had fully established their claim through cogent, tangible and creditworthy evidence especially by evidence of revenue officials, Tehsildar, Patwari and Patidar, who affirmed the gift mutation, presence of deceased donor and her intention of making the gift---Collateral circumstances clearly proved that deceased lady owned an obligation to defendants for love, care and affection, they provided to her in her twilight years---Factor of rivalry between the parties was proved on record---Preponderance of evidence was in favour of defendants who had fully established their case---No material illegality, irregularity, jurisdictional error or misreading or non-reading of evidence was pointed out in concurrent findings of Courts below. S.M. Zameer Zaidi for Petitioner. Muhammad Atif Amin for Respondents. Date of hearing: 3rd October, 2006. JUDGMENT SYED ASGHAR HAIDER; J.--This petition is directed against the judgment, dated 5-12-2005 passed by the Additional District Judge, Sumandari affirming the judgment and decree dated 3-5-2005 passed by the Civil Judge, Sumandari whereby the suit of the petitioner/plaintiff for declaration and permanent injunction was dismissed. 2. The facts necessary for adjudication of the present petition are that Mst. Rashidan Begum filed a suit against the respondents challenging gift deed Mutation No.3009 dated 13-9-1986 pertaining to land measuring 25 Kanals, 2 Marlas located in Chak No.468/G.P. Tehsil and Sumandari District Faisalabad, whereby the real mother of the petitioner Mst. Ramzan Bibi had gifted the suit property to her real sons. According to the petitioner, the mutation and gift deed in question are a result of fraud and misrepresentation made inter se the respondents and the Revenue Authorities. The gift was made known at the time of "Chehlum of her…

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