Law:

Section:

Specific Relief Act (I of 1877)---S. 42--Civil Procedure Code (V of 1908), S.115---Qanun-e-Shahadat (10 of 1984), Arts.72 & 79---Constitution of Pakistan (1973), Art.185(3)---Declaration of title---Execution of document---Proof---Concurrent findings of facts by the Courts below---Setting aside such finding by High Court in exercise of revisional jurisdiction---Plaintiff denied execution of any gift deed in favour of defendants---During the trial the defendants did not produce any marginal witness of the deed and the scribe of the deed admitted in evidence that he did not know the donor personally---High Court in exercise of revisional jurisdiction set aside the concurrent findings of facts by the two Courts below and decreed the suit in favour of the plaintiff---Validity---No legal evidence was available about the proof of the execution of the gift deed by the plaintiff who, in her life time, filed the instant suit and denied its execution---High Court had rightly taken into consideration the circumstances that there was no reason as to why the plaintiff, in presence of her own children would have gifted the property to her nephews---High Court correctly held that findings of two Courts below were based on gross misreading of record---Supreme Court observed that present was a case where an attempt was made to grab the property in the garb of gift---No illegality was committed by High Court in accepting the revision petition and setting aside the s of the two Courts below---Leave to appeal was refused. ORDER MUNIR A. SHEIKH, J.--- This petition is directed against judgment, dated 22-9-2003 of the Lahore High Court, whereby Civil Revision bearing No.188-D of 1992 filed by the respondent has been accepted. 2. The land in dispute was admittedly owned by Mst. Saira Bibi who was Phoophi of the present petitioners. According to the learned counsel for the petitioners she had inherited the land in dispute along with the father of the petitioners from their father. According to the petitioners she, through the registered deed allegedly gifted the land in dispute to the petitioners who are, as noted above, her nephews. 3. During her life time Mst. Saira Bibi filed…

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