Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Suit for possession and declaration---Gift---Parties of the suit were maternal brothers inter se and one defendant was brother-in-law of plaintiff---One of the plaintiffs contended that he being shari waris of his deceased mother and vide an iqrar nama, was the sole owner of suit land, which was left with one of the defendants as 'Amanat' (on trust)---Claim of all the plaintiffs was that after death of their mother, plaintiffs were her legal heirs and were entitled to get possession of suit land from the defendants---Trial Court, dismissed the suit, but appellate court below, set aside /decrees passed by the Trial Court, and passed decree as prayed for in favour of the plaintiff---Claim of defendants was that mother of the plaintiffs after getting her shari share, handed over the same to her brother who was father of two defendants through gift, and that donee of suit land remained in possession of said gifted property for a period of 19/20 years; that after his death property had devolved upon said two defendants who being son of deceased donee were in possession of the same as donees---Validity---Said defendants had failed to prove a valid gift in favour of their father and the possession of the suit land by them as donees being sons of alleged donee---Trial Court without being satisfied about the necessary ingredients of a valid hiba/gift had wrongly, rather, illegally got proved the hiba in favour of defendants---Plaintiffs had proved through witness that their mother after getting her shari share from her brother, handed over the same to sister of one of the plaintiffs, who herself as plaintiff had authenticated the contents of the plaint---Appellate Court below had rightly dismissed of the Trial Court---Chief Court declined interference in a just and legal conclusion arrived at by the Appellate Court. THIS JUDGMENT DELIVERED BY: WAZIR SHAKEEL AHMED, JUSTICE:---.--- Through the above titled revision petition petitioners named above have called in question the judgment/decree of learned District Judge Hunza Nagar dated 10-04-2015, whereby the learned appellate Court by accepting the C.F.A 16/2013…

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