Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration---Plaintiffs in their suit for declaration claimed that they were owners in possession of suit-land and defendants in the garb of executing a power-of-attorney had got executed the mutation of gift and thereafter got recorded the entries Khasra Girdawari in their favour---Defendants resisted suit by filing a detailed written statement, wherein it was asserted that the gift mutation was validly executed in their favour with the consent of the plaintiff and that suit had been filed with ulterior motive---Trial Court dismissed suit, but Appellate Court accepting appeal, decreed suit in favour of the plaintiffs and defendants had filed revision petition against the same---Claim of the defendants was that land in dispute was gifted to them by their real uncle by way of gift mutation---Alleged gift mutation no where mentioned that any offer of gift was made by the plaintiffs to the defendants; that same was accepted and finally the possession of suit-land was handed over to the defendants---Three ingredients namely offer, acceptance and delivery of possession were required, for completion of transaction of gift, which were not mentioned in the alleged gift, mutation and no explanation was offered for such omission---Appellate Court below had rightly observed, after careful perusal, appraisal and appreciation of the evidence on file that the gift mutation claimed by the defendants was the result of fraud and misrepresentation and in fact no gift was made by the plaintiffs in favour of defendants---In absence of jurisdictional defect, legal infirmity, material irregularity, misreading and non-reading of evidence in the findings recorded by the Appellate Court below, revision against Judgment of the Appellate Court, was dismissed. THIS ORDER PASSED BY: ALI AKBAR QURESHI, J.--- This civil revision is directed against the judgment and decree dated 12-7-2008 passed by the learned Appellate Court whereby the appeal filed by the respondents challenging the validity of the judgment and decree dated 16-3-2007 passed by the learned trial Court was accepted. 2. The respondents in the instant petition, instituted…

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