In the Court of Ch.

Muhammad Saleem Sahib,

Additional District Judge, Multan.

Faiz Bakhsh etc. Vs. Kareem Bakhsh etc.

Jist of authorities produced on behalf of the appellant.

S. CITATION AS HELD
No.

1 1992 SCMR 1832 Mutation---mutation by itself does

not create title and the person
deriving title thereunder has to
prove the transaction independent of

the mutation. Burden of proving

transaction is upon him

2 1990 SCMR 629 Mutation---mere mutation does not

confer any right.

3 1996 SCMR 1386 Entries in Roznamcha Waqiati and

mutation---nature and value of---
Raznamacha by itself would not
confer any title in view of bar
contained in section 49 Registration
Act---in corporation of such entry in

mutation and attestation of mutation

would not confer title under law and

transaction embodied therein would

have to be established independently
 of mutation.

4 PLD 1994 SC 245 S. 42---Land Revenue Act---Entries

in Revenue record could neither
create nor extinguish title to
property---entries in revenue record
were maintained mainly for fiscal
purposes.

5 1993 MLD 1542 Gift---onus to prove factum of gift

would lie heavily on person
claiming to be the donee
(defendant). Mere oral word coupled

with possession would not be

sufficient.
Possession of one co-sharer would
be deemed to be possession of all
the co-sharers.

6 1983 SCMR 626 Possession of one co-sharer is for

benefit of all other co-sharers.

7 PLD 1985 Lah 409 Possession of one co-share enuring

also for benefit of other co-sharers.
Plaintiffs have right to claim
themselves to be in possession of
land through other co-sharers.

8 1991 CLC 1783 Evidence Act S. 114 (g)---Where a

person had failed to appear as his
own witness in support of a
contention he had pleaded in his
written statement, presumption
could be taken against him that he
was unable to support his stand and
thus for that reason he thought it
 better not to appear in the witness
box.

9 1995 CLC 1906 Gift---Onus to prove---Donee

herself did not appear in witness box

to prove factum of gift; services

rendered by her (donee) to donor
and delivery of possession---absence

of donee from witness box was thus

fatal to her claim of gift---Qanoon
Shahadat Article 118.

10 1998 UC 128 Tamleek Mutation---any

contemplated effort through
collusive transaction, with intent to
disinherit real legal heirs, cannot be
proved in law, particularly when
Tamleek mutation could not be
proved to be result of free will,
volition and consent of deceased.

APPELLANT,

Dated: 9.3.2002
Through: -
Zaffar Iqbal Khan,
Advocate,
Multan.