Safia Bibi vs Muhammad Tufail O — 2025 PCrLJ 718 LAHORE-HIGH-COURT-LAHORE

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Safia Bibi VS Muhammad Tufail O. VI, R. 4---Specific Relief act (I of 1877),S. 42---Suit of declaration---Gift-deeds, assailing of---Fraud, allegation of---Details of particulars of the fraud missing---Effect---Plaintiff / lady instituted the suit against her (four) nephews/defendants and brother/defendants with the averments that she being the daughter of deceased was entitled to inherit 1/6 share from the estate of her late father and gift-deeds/mutations in favour of defendants were illegal and fraudulent---Claim of the lady was concurrently rejected¬¬¬---Validity---although the petitioner / plaintiff pleaded not only old age and bad health of her father but also alleged fraud committed with him with regard to all these transactions but one neither proved her father's physical or mental incapacity/incapability through strong oral as well documentary evidence nor the allegation of fraud---Petitioner / plaintiff who asserted fraud in the commission of transactions had to prove the same---Provision of O.VI R.4, C.P.C. mandates the mention of detailed particulars of the fraud---Mere vague assertion of the petitioner/plaintiff that a fraud had been practiced upon her and she had been deprived of her share in estate of her deceased father, without narrating full particulars of fraud in the pleadings, the circumstances in which the fraud was committed and without a positive attempt on her part to substantiate the same to the satisfaction of the court, was of no consequence rather would be considered as whimsical attribution---In the present case, no defects had been pointed out by the petitioner (lady/plaintiff) in order to seek interference by the High Court---Courts below had meticulously examined the entire evidence of the parties and thereafter reached at the conclusion regarding the controversy--- No misreading / non-reading of evidence nor any infirmity, legal or factual, had been noticed in the impugned judgments anddecrees passed by the both the Courts below---Revision was dismissed in limine, in circumstances.

Safia Bibi vs Muhammad Tufail O — 2025 PCrLJ 718 LAHORE-HIGH-COURT-LAHORE

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