| Citation(s) |
|---|
| 2010 SLG 330 2010 SLD 330 2010 CLC 9 |
Lahore High Court
Civil Revision No.822 of 2009, decision dated: 8-05-2009
IJAZ AHMED CHAUDHRY, J
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Civil Revision No.822 of 2009, decision dated: 8-05-2009
IJAZ AHMED CHAUDHRY, J
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MUHAMMAD SHARIF through L.Rs. and 3 otherss
VS
SHER MUHAMMAD through L.Rs. and others
Law: Civil Procedure Code (V of 1908)
Section: 12(2)
Law: Civil Procedure Code (V of 1908)
Section: 12(2)
Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Claim of the plaintiff was that his sister, who was about 80 years of age and also an uneducated Pardanashin lady, owned agricultural land and a house and defendants who were not related to her in any manner whatsoever, in collusion with the staff of Sub-Registrar got executed gift-deed in their own favour; whereas his aged sister neither gifted nor delivered the possession of suit property to the defendants and that alleged gift-deed had been procured by the defendants through fraud and misrepresentation---Even the lady in her life time assailed the validity of gift-deed---Suit filed by the plaintiff having concurrently been decreed by the Trial Court and Appellate Court below defendants had challenged said concurrent s and decrees in revision---Defendants had failed to prove alleged gift-deed as they remained unable to produce marginal witnesses to prove their claim---Even otherwise the owner of property in her life time had challenged the gift-deed by filing civil suit but she subsequently died---Plaintiff being special attorney of his sister produced five witnesses in support of his claim that he was genuine heir of his deceased sister and was entitled to his due share from her property and alleged gift-deed in favour of defendants was a bogus document---Concurrent findings of both courts below declaring the gift-deed as bogus document, did not need any interference as counsel for the defendants had failed to point out any illegality therein---Claim of the plaintiff had been proved to be based on cogent evidence---Revision petition being devoid of any force concurrent findings of both the courts below could not be interfered with having been passed on the evidence available on the record. Ahmad Awais for Petitioners. ORDER IJAZ AHMED CHAUDHRY, J.--- This revision petition has been directed against the judgment and decree dated 27-5-2005 passed by the learned Civil Judge 1st Class Sheikhupura whereby the suit for declaration filed by respondent No.1 was decreed and judgment and decree dated 2-3-2009 passed by the learned Additional District Judge Sheikhupura whereby the appeal filed by the…
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