1. ' TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 2-1-2002 of a learned Single Judge of the Lahore High Court, Lahore whereby Civil Revision No,2555 of 2001 filed by the petitioners was dismissed.
2. ' The facts briefly stated are that the petitioner filed a declaratory suit with consequential relief claiming that the disputed property was gifted through Mutation No,608 by Mst. Begum Bibi in favor of Fazal Ellahi, her real brother, and thereafter the said gift was recorded in "Roznamcha Waqiati" on 20-5-1969 at serial No,206 and on the basis of the same above mutation was recorded. The said mutation was subsequently, got cancelled and the respondents got another mutation bearing No,787 recorded on 26-1-1989 pertaining to the inheritance of their mother. The respondents/defendants controverted the stance taken by the petitioner. Issues were framed and the parties led their evidence. The learned Civil Judge 1st Class, Kharian, through his judgment, dated 22-2-2000 decreed the suit. The respondents assailed the above judgment of the trial Court by filing an appeal, which was accepted by the learned Additional District Judge, Gujrat, through his judgment, dated 17-9-2001 and set aside the judgment/decree of the trial Court. Aggrieved by the above judgment, the petitioner filed the aforesaid civil revision before the Lahore High Court, Lahore, which has been dismissed by a learned Single Judge through his judgment, dated 2-1- 2002, impugned herein. Hence, this petition for leave to appeal.
3. ' We have considered the contentions advanced by the learned counsel for the petitioner and have gone through the entire record with his assistance. We asked the learned counsel to give any reason why the lady would gift the disputed landed property to the petitioner's father, her brother bypassing her own children against whom there was no complaint. He has failed to advance a single reason in this regard. No confidence inspiring evidence has been brought on record to substantiate the factum of gift. As far as the claim of the petitioner qua possession of the land is concerned, admittedly it was a joint Khata wherein the petitioner as well as predecessor-in- interest of Mst. Begum Bibi were recorded as co-sharers. It would be appropriate to reproduce the determination of the learned Single Judge of the Lahore High Court in this regard, which is in the following terms:-- "(8) The contention of the learned counsel that the petitioner was in physical possession of the land in dispute which was a corroborative circumstance to support the alleged gift has not impressed me. The learned First Appellate Court found that the disputed land formed part of a joint Khata and in accordance with the entries of Jamabandi for the year 1993-1994 (Exh.P.1) the petitioner and Mst.
4. Begum Bibi were recorded as co-sharers. It may be observed that a fraction of a joint Khata is not capable of actual physical possession. Even otherwise, unless a gift was established in favor of petitioner's father nothing turned on this plea. In the circumstances it is not considered necessary to examine the question whether the suit of the petitioner was barred by time."
5. ' Learned counsel for the petitioner has failed to point out any illegality or legal infirmity in the impugned judgment warranting interference by this Court.
6. ' Resultantly, in view of the foregoing discussion, this petition being without any merit is dismissed and leave declined.