' FAZAL ILAHI KHAN, J.---Gift Mutations Nos. 2798 and 2791 attested on 13-6-1969 and 11-1-1979, respectively, on behalf of the petitioner in favour of the respondent were challenged in civil suit to be fraudulent and ineffective on his rights. Prayer was also made for permanent injunction restraining the respondent from interference with his possession.
2. This suit was instituted on 25-4-1972. Respondent contested the suit and after framing of issues and recording evidence of the parties the learned trial Judge dismissed the plaintiff's suit. The learned District Judge reappraised the entire evidence and affirmed the finding of the learned trial Judge. Such finding was also maintained in revision petition by the learned High Court.
3. We have heard the learned counsel and perused the record.
4. It appears from the evidence on record that petitioner's daughter was married to respondent and the gift mutation was attested when his daughter was alive and he was hand and glove with the respondent. Subsequently, it was on the death of his daughter that petitioner chose to challenge the gift mutation through the suit. The contention of the learned counsel that the Courts below have misread the evidence as possession of the land was never delivered to the respondent is not supported by the record. The findings given by the Courts below are fully supported by oral and documentary evidence in the case. Respondent-donee is recorded in possession of the suit land after attestation of the gift mutation on his own right which has not been rebutted in evidence.
The petitioner's admission at the trial that respondent took forcibly the wheat crop sown in land during pendency of the suit is of no help to the petitioner as the gift once completed by delivery of possession would not be challenged on that score even if it is proved that the donor did take possession by force subsequently either before institution or during pendency of the suit. The concurrent finding of fact arrived at by the three Courts below, therefore, are not open to any exception.
' Leave is refused and petition is dismissed.