Law:

Section:

Administration of Justice-- ----Concurrent findings--Fictitious gift deed--Ineffective and inoperative against rights--Limitation, non delivery of possession--Matter was referred to trial Court for determination--Validity--Sale-deed was challenged by one of inheritance and same succeeded but due to non-deposit of decretal amount, therefore, it cannot be held that p1aintiffs were not in knowledge of transaction--Gift-deed to extent of land excluding impugned land may be effective, even if same is declared non-existent, even then, inheritance of deceased will have to devolve upon his descendants, therefore, no resolution to extent of remaining land is warranted rather it may be added that gift deed and mutation, thereto, to rest of land cannot be challenged by appellants--Appeal was accepted. JUDGMENT The above titled appeal has been addressed against the judgment and decree passed by District Judge, Rawalakot on 28.08.2003 whereby, the appeal of the appellants was dismissed and the judgment and decree of Additional Sub Judge, Rawalakot dated 27.11.1997 was maintained. 2. Tersely, the facts forming background of the above captioned appeal are that two civil suits pertaining to land comprising Survey No. 29 min 29 min measuring 12 kanals 11 marlas situated at village Bai Baikh Dakhli, Dhamni were filed before Sub-Judge Rawalakot on 15.07.1990 and 11.08.1990. Mohammad Hussain Khan (predecessor-in-interest of appellants herein) filed his suit claiming therein that he purchased the suit land from the father of respondents namely, Ghulam Mustafa through a safe-deed executed in his favour on 17.05.1973. He entered into the suit land as full owner and from there onward he occupied the same by raising construction over it however, the defendant-respondents manoeuvered a fictitious gift-deed allegedly executed on 15.10.1966 and on the basis of the said document they are claiming the suit land as their ownership. He sought declaration to the extent that he was owner of the property and the gift-deed dated 15.10.1966 was ineffective and inoperative against his rights. Both the parties refuted the claim of each other through their written statements in response to their…

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