HAFEEZULLAH vs Dr — 2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: HAFEEZULLAH vs Dr
Subject matter: Civil
Provisions referred to: S. 52---S; S. 52; Balochistan Land Revenue Act (XVII of 1967); Balochistan Land Revenue Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAFEEZULLAH VS Dr. MUNIR AHMED Ss.42 & 39---Balochistan Land Revenue Act (XVII of 1967), S.52---Suit for declaration and cancellation of mutation---Presumption in favour of entries in record-of-rights and periodical records---Oral gift---Gift in favour of minor---Scope---Plaintiffs sought declaration and cancellation of mutation of oral gift allegedly executed by their father---Contention of defendant was that after the demise of his father, the father of plaintiffs had looked after him/brought him up and he had lived in his house being orphaned nephew---Validity---None of the witnesses of the plaintiffs stated how and when the fraud was committed by the defendant---Mutation entry was effected in the name of defendant in the year 1974---Witnesses examined by the plaintiffs were less than fifty years of age meaning thereby that the gift was effected either prior to their birth or in their childhood, as such fraud could not be proved---Father of plaintiffs had never challenged the gift in his lifetime and it could not be accepted that the minor had got mutated the suit property fraudulently---Mutation entry though could not create or extinguish title but it had evidentiary value---Under S.52 of the Balochistan Land Revenue Act, 1967, presumption of truth was attached with the record of rights---Revision petition was dismissed.

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