Law: Civil Procedure Code (V of 1908)

Section: 115,O.XLI,R.27(1)(b)

(a) Islamic law--- ----Gift by father in favour of son---Suit by other son challenging such gift during lifetime of donor---Maintainability---Donor's statement in Court admitting such gift was corroborated by donee's statement and entries in Revenue Record ---Muslim had unfettered powers to gift away his property to anyone of his heirs to the exclusion of others---Such gift could not be invalid or void---Suit against gift was incompetent and not maintainable. Mst. Nusrat Zohra v. Mst. Azhra Bibi and others PLD 2006 SC 15 and Safi Ullah v. Ghulam Jabbar and 4 others PLD 1955 Lah. 191 fol. (b) Civil Procedure Code (V of 1908)--- ----S. 115 & O.XLI, R.27(1)(b)---Revision---Jamabandi, mutation and Aks Kishtwar, copies of---Revisional Court permitting production of such documents at revision stage---Validity---Authenticity of such documents being public documents could not be doubted---Revisional Court permitted such documents in view of provisions of O.XLI, R.27(l)(b), C.P.C.---Impugned order was legal. JUDGMENT HAMID ALI MIRZA, J.--- This direct civil appeal is directed against the judgment, dated 11-10-2002 in Civil Revision No.99 of 1996 passed by learned Single Judge of the Lahore High Court, Lahore, whereby the said civil revision was allowed, thereby judgments and .decrees passed by two Courts below were reversed, hence this appeal. 2. Brief facts of the case are that the appellant instituted a suit for declaration and perpetual injunction against the respondents/defendants in respect of suit-land measuring 1,10 Kanals, 17 Marlas detailed in the headnote of the plaint. The appellant/plaintiff claimed that respondent/ defendant No.2 Mian Muhammad had gifted away 110 Kanals, 17 Marlas of land mentioned in the headnote of the plaint in his favour while 106 Kanals, 15 Marlas described in para. 9 of the plaint in favour of respondent No.2/defendant No.1. The appellant/plaintiff stated that respondent No.2/defendant Mian Muhammad has again got sanctioned Mutation No.972 of gift in respect of the suit-land measuring 95 Kanals, 5 Marlas in favour of respondent/defendant Noor Muhammad which land was claimed to have already been gifted to the appellant/ plaintiff…

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