DIL NAWAZ KHAN vs Mst — 2022 YLR 418 PESHAWAR-HIGH-COURT

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DIL NAWAZ KHAN VS Mst. NEK BIBI Ss. 5, 7, 122 & 123---Specific Relief act (I of 1877), Ss. 42, 39 & 54---Suit for declaration, cancellation of gift-mutation and permanent injunction---Gift---Ingredients ---Correctness and genuineness of gift-mutation---Scope---Plaintiff/wife filed suit for cancellation of gift-mutation incorporated in favour of defendants/respondents (her husband and her/husband's brothers)---Petitioners contended that they had proved the correctness and genuineness of gift mutation by producing relevant Revenue Officers and the marginal witness---Held, that Revenue Officer produced by the petitioners deposed that he himself did not know the donor (plaintiff) and that she (donor) was parda nasheen lady---Witnesses who identified the donor (plaintiff) were not her relatives---Patwari Halqa produced by the petitioners deposed that he had been transferred to concerned Patwar circle after the relevant time and neither he had entered the mutation-in-question nor in his presence said mutation was attested ---another witness produced by the petitioners deposed that Revenue Officer checked the Computerized National Identity Card (CNIC) of the donor (plaintiff) whereas concerned/retired Tehsildar as a witness deposed that neither the donor had CNIC nor he entered it on the mutation-in-question, thus the authenticity and correctness of gift-mutation was shrouded in mystery, besides the petitioners had not proved the declaration of the alleged gift---Petitioners had not been able to prove the authenticity and correctness of the alleged gift as their case was deficient of required evidence, rather the alleged gift itself was suffering from suspicion and doubts to sustain---Concurrent findings of fact of the Courts below could not be set aside in revisional jurisdiction under S.115 of C.P.C. by the High Court unless such findings suffered from jurisdictional defects, illegality or material irregularity ---No illegality or infirmity was found in the impugned decrees and judgments passed in favour of plaintiff by the Courts below---Revision petition was dismissed, in circumstances. Head NotesCase Description

DIL NAWAZ KHAN vs Mst — 2022 YLR 418 PESHAWAR-HIGH-COURT

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