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12
muddaserabbas
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The learned trial court after examining the evidence on record and by referring to the witnesses produced by both the parties came to the conclusion in the following manner. "The extracts from the evidence of witnesses of both the parties as mentioned above clearly show that the evidence of most of the witnesses of the plaintiffs is hearsay no P.W. ever saw Muhammad Aslam Khan after the death of Mst. Saeeda Begum and as such their evidence about his mental incapacity is just hearsay. The theory of duress and undue influence has not been proved by any evidence. In fact there is no evidence from the plaintiff's side to prove that any person on behalf of defendants ever exercised any undue influence upon Khan. Till the time of his death, he was keeping good health. He went many times to Rawalpindi to seek the advice of the legal advisors about the gift deeds. He appeared before the Registrars and signed and admitted the contents of documents.