Law:

Section:

Islamic Law-----Gift---Gift through mutation---Suit by alleged donor calling in question validity of such gift and mutation by denying to have made gift---Burden of proof---Donee would discharge onus of validity of gift and mutation in his favour---Witnesses mentioned in gift mutation were not produced in evidence by donee---Donor produced in evidence one witness recorded in mutation, who stated that donor had not given any land to donee nor did he identify him at relevant time; and that donee had got mutation sanctioned in a fraudulent manner---Donee did not produce any Revenue Official/Officer concerned with sanction of mutation to prove same---Suit filed by donor was decreed in circumstances. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioners seek leave to appeal from judgment, dated 12-11-2002, passed by a learned Single Judge of the Lahore High Court, Multan Bench, in Civil Revision No.1213/D of 2001. 2. Late Ibrahim alias Labboo, predecessor-in-interest of the respondents, instituted a suit for declaration and perpetual injunction in the Court of Civil Judge, Lodharan, calling in question the validity of gift mutation No.945, dated 8-1-1983 purported to have been executed by him in favour of the petitioners for the transfer of suit land measuring 36 Kanals. He also challenged subsequent mutation No.946, dated 8-1-1983 by the petitioners Nos. 1 and 2 in favour of the petitioners Nos.3, 4 and 6 to 8 to the extent of 2 Kanals. The trial Court dismissed the suit of the respondents by judgment and decree, dated 19-9-2000 after framing issues and recording evidence of the parties. The respondents preferred an appeal which was accepted by the Additional District Judge, Lodhran, and the suit of the respondents was decreed, by judgment and decreed dated 19-10-2001. Therefore, the petitioners filed Civil Revision No.1213 of 2001 which was dismissed by the Lahore High Court, Multan Bench, by the impugned judgment and decree, dated 12-11-2002. Hence this petition for leave to appeal. 3. The learned counsel for the petitioners submitted that the High Court had mis-appreciated the evidence on record which caused failure of justice. The trial Court had not framed the…

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