Mst. RAMZANU BIBI vs IBRAHIM (deceased) Ss — 2025 SCMR 955 SUPREME-COURT

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Mst. RAMZANU BIBI VS IBRAHIM (deceased) Ss. 42 & 54---Punjab Land Revenue Act (XVII of 1967), S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Suit for declaration and injunction---Mutation of gift---Proof---Plea of fraud---Onus to prove---Appellant/plaintiff claimed to be owner of suit land and assailed mutation of gift on the plea of fraud, allegedly attested on her behalf in favour of respondents/defendants---Validity---Beneficiaries under mutation in question had burden to demonstrate validity of original transaction---This entailed meeting a threefold burden---Firstly, there was a pleading burden; respondents / defendants had to articulate all relevant facts and material particulars regarding purported gift in their written statement---Secondly, respondents/defendants had the burden of producing evidence, which meant presenting documents or testimony supporting their claims---Thirdly, they carried burden of persuasion, effectively convincing the Court of the legitimacy of their assertions regarding original gift transaction---Such burdens were not abstract legal formalities and formed the bedrock of fairness in civil litigation---Burden of pleading ensures proper framing of issues; the evidentiary burden establishes factual basis; and the burden of persuasion is the ultimate determinant of legal entitlement---Appellant/plaintiff was justified in delaying any legal action until the threat to her rights had become overt and undeniable---This point accrued when respondents/defendants formally denied her claim before revenue authorities---Such event culminated in an order directing appellant/plaintiff to pursue her claim in civil Court---Appellant's/plaintiff's suit was instituted within the stipulated limitation period---Supreme Court set aside concurrent findings of facts by all the Courts below as they were fundamentally flawed and the suit filed by appellant/plaintiff was decreed---Appeal was allowed.

Mst. RAMZANU BIBI vs IBRAHIM (deceased) Ss — 2025 SCMR 955 SUPREME-COURT

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