' SHAFIUR RAHMAN, J.---The petitioner who was the plaintiff seeks leave to appeal against the judgment of the Lahore High Court dated 17-10-1992.
2. A gift mutation on behalf of the petitioner was attested in favour of his brother the defendant (respondent No,1) on 18-10-1969. The gift as well as the attestation of mutation was challenged by the petitioner by way of a civil suit on 13-1-1982. The suit was contested. It was decreed by the trial Court. On appeal the Appellate Court held that the suit was time-barred and that the attestation of the mutation was correct and the gift thereunder was complete. The High Court in revision has maintained the judgment and decree of the appellate Court though the finding on limitation has been reversed.
3. After hearing the learned counsel for the petitioner we find that there is no merit in this petition.
The first shortcoming in the petitioner's submission is that there is a clear admission reproduced in the judgment of the High Court in paragraph 4 which could be and has been made the basis for deciding the question whether the mutation of gift was correctly attested or not. Such an admission proves the necessary ingredients of the gift, of a declaration, of delivery of possession and acceptance by the donee. The reliance on the Khasra Girdawari for bringing out continued possession of the donor after such admission would not be of avail because even if the cultivation has not changed the constructive possession would be deemed to have been transferred.
4. It also appears that this mutation had been incorporated in the Jamabandi raising the initial presumption of title.
5. In the circumstances, leave to appeal is refused.