Law:

Section:

(a) Civil Procedure Code (V of 1908)---.--- ---.----O. XXXII, Rr. 3, 7 & S.96---.---Appeal against decree passed on basis of compromise arrived at between plaintiff and minor defendant through his father---.---Validity---.---Guardian-at-litem without permission of Trial Court could not enter into an agreement with plaintiff on behalf of minor defendant---.---Duty of Trial Court was to enquire as to whether such compromise was interest of minor or not, and whether interest of such guardian was in clash with that of minor defendant or not---.---Trial Court had not appointed any guardian-at-litem of minor defendant---.---Mother of minor defendant for being de facto guardian was competent to watch interest of her minor son---.---Mother had competently filed such appeal on behalf of minor son for being his next friend---.---Impugned decree could not be treated as a compromise decree under S.96, C.P.C.---.---Impugned decree was set aside in circumstances. (b) Islamic law---.--- ---.----Gift deed---.---Non-delivery of possession by donor to donee though relating to each others within prohibited degrees---.---Effect---.---Transfer of possession of gifted land in such case would not be necessary---.---Gift deed on such ground could not be set aside. THIS JUDGMENT DELIVERED BY: MUNIR AHMED CHAUDHARY, JUSTICE:---.---- This appeal has been filed against the judgment and decree passed by the learned Additional District Judge Mirpur dated 2-2-2006, through which an appeal filed by the respondents, Umar Mehmood and others, was accepted and judgment and decree passed by the learned Senior Civil Judge Mirpur dated 8-3-2005 was set aside. 2. Brief facts giving rise to the instant appeal are that the present appellant/plaintiff filed a declaratory suit against Umar Mehmood, a minor, and his father Arshad Mehmood in the Court of Senior Civil Judge Mirpur and prayed for cancellation of gift-deeds dated 4-6-1994 and 5-7-1994 regarding the disputed land bearing survey Nos. 256 and 1174 measuring 7 kanals and 2 marlas situated at village Sangot Tehsil Mirpur. It was stated in the suit that the plaintiff transferred the suit land through gift-deed dated 4-6-1994 in the name of…

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