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MST. JUMA versus UMAR AKHTAR


Sections 122 and 123 of the Special Relief Act (of 1877), the Gift Ded legacy was one of the defendants' sisters for the declaration of the plaintiff's execution, both the plaintiff and the defendant's daughter and son of the original owner of the property in dispute. There was no property that was inherited, but one and the other sisters of the parties were also living. A defendant claimed that during his life the property was gifted to him by the original owner, not the original gift. Was not presented at the time of the evidence nor had anyone exhibited it. The plaintiffs challenged the gift of the plaintiffs saying that the original owner of the suit property had died in 1969, while the income was made in 1977 years 78 and the gift deed was allegedly even proved. To no avail. Use it to say to the defendant because it was allegedly executed in 1954, when the defendant did not even exist, a document written at a time when the defendant was not born, could not have been non-existent. Cannot dispatch deserving, non-existent and non-living persons and present and living persons, as the legal heirs of the plaintiff, his mother, other sisters and defendants, the deceased, in normal circumstances, the deceased / real owner's mother and others The sisters inherited the property. Although the plaintiff had administered an affidavit in favor of the defendant, the plaintiff did not waive / waive his share of the property in favor of the defendant, since the death of the original owner, the plaintiff's name was not stated in the revenue record from the beginning. Even if the Revenue Authority failed to produce the correct record, the plaintiff's name would not be registered

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