Law:

Section:

(a) Specific Relief Act (I of 1877)---Ss. 42 & 54---Suit for declaration challenging the registered gift deeds by the plaintiffs being a fraudulent and collusive transaction, ineffective qua their rights and restraining the defendants from interfering with their proprietary and possessory tights over the property in dispute---Alleged executants of gift deed who were Pardanashin, illiterate, simpleton, villager ladies had disputed its execution---Mere admission of making thumb-impression or appearance before the Sub-Registrar was not sufficient to infer that the donors (plaintiffs) had declared their intention to transfer their share of property (in dispute) which they had obtained as legal heirs of their father and husband respectively in favour of defendant---Mere registration of a document in itself was not under the law proof of its execution by a person by whom it was alleged to have been executed, if any of the parties in litigation had denied its execution by the said person---Executants, in the present case, had themselves disputed the execution of such document, therefore, the person claiming the execution of such document was required under the law to prove its execution by producing evidence that it was in fact executed. Muhammad Sharif Uppal v. Akbar Hussain PLD 1990 Lah. 229 rel. (b) Islamic law--- ----Gift---Proof---Execution or appearance of the party before the Registrar is not conclusive proof of the execution of gift---In such a case, the Court will have an overall view of all the attending circumstances of the transaction and no presumption of truth could be attached to such type of document. Qazi Altaf Hussain and another v. Ishfaq Hussain 1986 SCMR 1427 and Muhammad Khan v. Mst. Rasul Bibi PLD 2003 SC 676 rel. (c) Registration Act (XVI of 1908)--- ----S. 17---Registration of a document---Certificate of registration or endorsement on the registered document carries a presumption but no such presumption can be drawn therefrom that such person has really executed the same and it will be open to the parties to prove that the document in question was not really executed by the person shown to have executed the same---Certificate of…

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