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KHADIM HUSSAIN versus MST. MANSAB MAI


Article 42 Constitution of Pakistan (1973), Article 185 (3) Proof of Change of Gifts, Plaintiffs Under Plaintiffs have been accused of changing the gifts on the basis of fraud in the search for a consolidation of facts and taken the stand. That this authority is to deprive the plaintiff of legality. In her father's estate, the defendant claimed that the owner owned the suit property for a gift at the time of his life, the disputed gift was given to the plaintiff about three years before the donor's death but was found Was that all the courts which she could neither prove her possession of the land under the gift nor establish the right of gift in her favor, nor could she, besides examining oral and documentary evidence from the plaintiff, Also notice was taken by the courts that on their statement the donor's alleged thumb impressions which appeared on the change of the order of Assistant Commissioner dated 18 12 1991 Did not appear when all the invention donor made this statement in question but appeared under the order dated 31 August 1991 when the alleged donor was not in this world and the trial court in favor of the plaintiff The case was decided by the Sanadia and the Appellate Court High Court. Refused to interfere with concurrent decisions passed by two courts below the jurisdiction of the amending jurisdiction. The Supreme Court refused to take any exception to the permanent consequences of the three courts' appeals to appeal, Khan Dil Muhammad Khan Alizai, Advocate Supreme Court and Chaudhry Hussain Advocate denied. Record for Applicant Growth Record for Respondents

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