Law:

Section:

Islamic Law--- ----Gift---Proof---Mutation of gift, assailing of---Concurrent findings of fact by the Courts below ---Declaratory suit assailing the gift mutation was decreed by the Trial Court and the and decree was maintained by Appellate Court as well as High Court---All the Courts below recorded concurrent findings of fact on the basis of evidence on record that none of the essential requirements of a valid gift was satisfied---Courts came to the conclusion that no offer of gift or its acceptance or delivery of possession of the suit land had taken place--­Marginal witness of gift mutation did not support the case of the plaintiffs---Alleged donor was illiterate person and his presence was not shown at the time of attestation of mutation by the Revenue Authorities---Judgment and decree did not suffer from any infirmity so as to call for interference by Supreme Court---Leave to appeal was refused---West Pakistan Land Revenue Act (XVII of 1967), S.45--­Constitution of Pakistan (1973), Art. 185(3). JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioners seek leave to appeal against judgment, dated 13-4-2001 passed by the Lahore High Court, Lahore in Civil Revision No.785 of 2001. 2. Briefly stated, the facts of this case are that respondent No.1 filed a suit for declaration against his sons and grandsons i.e. the petitioners and respondents Nos.2 to 4 in respect of suit property challenging gift Mutation No.603, dated 29-9-1996 on the grounds, inter alia, of fraud and misrepresentation. On the other hand, the petitioners also filed a civil suit for declaration for the validity of the said Mutation No.603 followed by another Mutation No.605, dated 8-10-1996. Both the civil suits were consolidated. The trial Court decreed the suit of respondent No. 1. and dismissed the one filed by the petitioners, vide judgment and decree, dated 29-4-1999. The appeal and civil revision of the petitioners were also dismissed by the Additional District Judge, Toba Tek Singh and the High Court by judgments, dated 12-3-2001 and dated, 13-4-2001 respectively. Hence this petition for leave to appeal against the impugned judgment. 3. The learned counsel argued that respondent No. 1 had…

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