MUHAMMAD IQBAL KHAN vs MUHAMMAD NAWAZ KHAN arts — 2023 YLR 1576 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1576 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD IQBAL KHAN vs MUHAMMAD NAWAZ KHAN arts
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

MUHAMMAD IQBAL KHAN VS MUHAMMAD NAWAZ KHAN arts. 117 & 120---Civil Procedure Code (V of 1908), O. VI, R.4---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Fraud---Proof---Onus to prove-Shifting of onus---Concurrent findings of two Courts below---Petitioner/plaintiff assailed gift mutation on the plea of fraud---Trial Court and Lower appellate Court dismissed suit and appeal respectively---Validity---Except for bald and empty rhetoric no particular, specific nuances of what fraud was practiced, how it was practiced, on whom it was practiced and by what mechanism it was practiced had been recorded in plaint---Particulars of fraud or misrepresentation having not been canvassed, there was no way that initial onus could have shifted on to respondent/defendant to prove gift mutation in question---Burden of proving fraud was on the party alleging it and that too by clear and convincing evidence, particularly where a long period had expired and valuable rights had accrued to the other side---Petitioner/plaintiff failed to prove any fraud, deception or convince regarding gift mutation in question, the subsequent inheritance, mutation on the basis thereof could not have been declared to be of no legal effect, as the same emanated out of the gift mutation in question---High court declined to interfere in well-reasoned concurrent findings recorded by two Courts below, as there was no illegality, irrationality, perversity or excess of jurisdiction involved in the matter---Revision was dismissed, in circumstances.

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