PLD 2021 Lahore 33.
Gift by husband to wife ---Gift, revocation of---Collusion---Proof---Onus to prove---Special costs, imposition of---Parties were husband and wife inter se, and suit was filed by husband to revoke gift of land made in favour of his wife---Plea raised by plaintiff was that gift mutation in favour of wife was outcome of collusion of defendants and that plaintiff was not aware of the gift at the time of affixing his thumb impression---Both the Courts below concurrently dismissed suit and appeal filed by plaintiff---Validity---Type of allegations made by plaintiff upon its proof, acted as a catalyst bringing beneficiary under burden to establish validity of transaction---Allegation of collusion was made by plaintiff, who as per Art. 117 of Qanun-e-Shahadat, 1984, had burden to prove the same---Court could not proceed on the basis of weaknesses of defendants until such burden was discharged---By falsely accusing his wife, husband not only tarnished her chastity but also made a despicable attempt to seize her property---High Court declined to interfere in concurrent judgments and decrees passed by two Courts below---High Court imposed heavy costs upon husband under S.35-A, C.P.C. which would to some extent serve as "balm to relieve the wife from pain of wound inflicted by her husband"-
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