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MST. ZUBAIDA versus MST. JANAT BIBI


Specific Relief Act 1877 Sections 42 and 54 Law Evidence (10 of 1984) ti Sections 117 to 119 Claiming to Claim Claims Gift and Permanent Gift Bowden's suit was that her husband's property was orally owned by her. Was given a gift in favor of, after which a memorandum was taken. After the death of the plaintiff's husband in the gift, the deceased was transferred in favor of the legal heir of the transfer, the suit filed by the plaintiff was simultaneously denied by the court that the plaintiff had made an oral gift through her husband. Cannot present any evidence in support of. The plaintiff presented the evidence of the memorandum gift in the evidence of his claim which proved its execution completely, both the courts did not deny, the witnesses proved the execution of the memorandum, the plaintiff relinquished its initial burden. And it was for the defendants to establish a memorandum. The gift was forged and anti-dated, but after the appellate court passed the evidence it could not establish through any evidence, the gift memorandum was proven, independent evidence of oral gift should not be sought and the court's order Was set aside and the High Court ruled in the case.

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