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UMAR DIN versus MST. JANTAY BIBI


Section 42 of the Transfer of Property Act (IV of 1882), Proof of Claim 122 and 123 Suit Declaration Proof of the Gift The plaintiff, who was the husband and child of the deceased landlord, sought the declaration to the effect that he was entitled to one-third of the land left by the deceased. Part owner and the deceased never gifted the suit land to the defendant nor did the deceased have any alleged mutation against the defendant / s, which was to prove that the deceased woman had A valid gift was made in his favor and accordingly he was confirmed, but he failed to do so by any evidence when the trial court And the appellate court below rejected the husband of the deceased landlord, who had two children, who was alive during the period when the defendant claimed in his favor that the evidence of the gift was presented by the defendant. All the witnesses have admitted in their favor that the deceased was happily living with her husband and children and had no quarrel with her husband and her cousin. The children were serving him well but the defendant could not possibly gift his entire property to the defendant, nor was there any reason for the same evidence on record: it was revealed that there was neither a legitimate gift nor No disclaimer has been proved either in law or in fact the harmony decision and the High Court had set aside the orders of the courts below and the plaintiffs' case was ordered according to the claims.

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