Law: Specific Relief Act, 1877

Section: 42

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,79

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.4

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42

(a) Specific Relief Act (I of 1877)---S. 42---West Pakistan Land Revenue Act (XVII of 1967), S.42---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79 ---Civil Procedure Code (V of 1908), O.VI, R.4---Suit for declaration---Transfer of land by deceased through mutations of gift and sale in favour of his two daughters excluding his third daughter from inheritance---Plaintiff's plea was that such mutations were the result of fraud and misrepresentation; and that deceased had never appeared before Revenue Officer for their attestation---Proof---Both witnesses of sale mutation were landowners in Deh---One witness of gift mutation was a Lambardar, while other was a resident of Deh---All such witnesses had deposed in Court that they had identified deceased at the time of attestation of such mutations in open assembly of 300/400 people of Deh---Such mutations had been challenged after 7/8 years of attestation thereof and four years of death of deceased---Plaintiff had neither mentioned in plaint ingredients of fraud nor led any evidence to prove as to how defendant committed fraud with her---Plaintiff had failed to discharge initial onus to prove misrepresentation and fraud---Defendant had proved gift deed by producing its scribe and attesting witnesses---Ex-Girdawar Kanungo had deposed to have verified entries of both mutations---Suit was dismissed for want of proof in circumstances. Muhammad Akram and another v. Altaf Ahmad PLD 2003 SC 688; Arshad Khan v. Mst. Resham Jan 2005 SCMR 1859; Nasrullah Khan v. Rasul Bibi 2001 SCMR 1156 and Mst. Nusrat Zohra v. Mst. Azhara Bibi PLD 2006 SC 15 ref. Siddik Mahomed Shah v. Mt. Saran and others AIR 1930 PC 57; Government of West Pakistan v. Haji Muhammad PLD 1976 SC 469; Abdul Karim v. Muhammad Akram 1995 CLC 130; Tom Boevey Barrett v. African Products Ltd. AIR 1928 PC 261; Ghulam Shabbir v. Nur Begum PLD 1977 SC 75; Banwari Lal and others v. Shaikh Shukrullah and others AIR 1940 Patna 204 and Mst. Sahib Noor v. Haji Ahmad 1988 SCMR 1703 rel. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 4(9)---"Estate"---Meaning---Estate would mean not only a particular village, but also that village included as a unit for purpose…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492