--- Dispute was with regard to gift regarding suit property allegedly made on the basis of fraud and misrepresentation --

 2023 MLD 1405

Gift --- Proof --- Onus to prove --- Not party to proceedings --- Effect --- Concurrent findings of two Courts below --- Dispute was with regard to gift regarding suit property allegedly made on the basis of fraud and misrepresentation --- Validity --- Ingredients for a valid gift were offer , acceptance and delivery of possession --- When sanctity of gift was challenged or called into question , especially on the basis of fraud and misrepresentation , beneficiary not only had to prove valid execution of gift deed or mutation but also the original transaction --- Owner of a portion of suit property was not impleaded as party to the suit and was not provided with an opportunity to defend himself --- No adverse order could be passed against such owner as it would amount to condemning him unheard --- Free and fair opportunity of defending and presenting one's case was to be provided --- High Court declined to interfere in judgments and decrees passed by two Courts below as no illegality and irregularity was committed --- High Court in exercise of revisional jurisdiction under S. 115 , C.P.C. could not disturb concurrent findings of facts by two Court below when the same did not suffer from any misreading or non - reading of evidence --