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2022 CLC 513

2022 CLC 513

O.XXXIX, Rr. 1 & 2—Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118—Gift deed—Allegation of forgery—Suit for declaration, cancellation, partition, mesne profit and permanent injunction—Application for temporary injunction was rejected by Trial Court—Appeal was dismissed—Held, that question of limitation being a mixed question of fact and law would be determined by the Trial Court after recording evidence at the time of final adjudication—In case of denial by plaintiff in witness box, onus would be on respondent to prove Gift deed coupled with the circumstances warranting exclusion of the petitioners from inheritance—Beneficiary was under legal obligation to prove the validity of the transaction particularly where females had been deprived from their legitimate rights of inheritance through Gift deed—Petitioners would suffer irreparable loss if disputed property was further transferred by respondent and in such eventuality they would face inconvenience for multiplicity of litigation—Arguable case, apprehension of irreparable loss and balance of inconvenience existed in favour of the petitioner

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