Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(10)

Law: Specific Relief Act, 1877

Section: 9,42,54

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 42(10)--Specific Relief Act, (I of 1877), Ss. 9, 42 54--Suit for declaration-cum-permanent injunction alongwith possession--Dismissed--Appeal--Dismissed--Concurrent findings--Gift-deeds--Prohibited degree relation--Legality of gift-deeds--Question of inheritance--Maintainability--Challenge to--At time of execution of deeds there was no apprehension or immediate danger of donors death as a result of any such disease, hence, trial Court has rightly dismissed suit filed by appellant through its and decree which was upheld by 1st Appellate Court--Plaintiff-appellant, herein, challenged legality of gift-deeds before trial Court, but in Para No. 2 of second appeal appellant on basis of s and decrees passed by both Courts below challenged legality of gift-deeds which are even not available in record, neither they are subject matter and part of pleadings, even from this angle, appeal is also not maintainable--An owner can make a gift of his property to any person of his choice--Question of inheritance only arises to extent of property left by deceased owner--A property which was disposed of by owner in his life time was no more available for expected heirs--So claim of plaintiff-appellant for his share is misconceived--It is settled law that concurrent findings of facts recorded by trial Court and first appellate Court cannot be disturbed by this Court, unless an irregularity or illegality has been committed by Courts below in appreciation of evidence and there is a case of misreading or non-reading of evidence, but no such eventuality has been pointed out by counsel for appellant, hence, s and decrees of Courts below are allowed to stand--Appeal was dismissed. JUDGMENT The captioned appeal has been directed against the impugned judgment and decree dated 12.10.2015, passed by the learned Additional District Judge, Muzaffarabad, whereby, judgment and decree dated 29.4.2015, recorded by the learned Senior Civil Judge, Muzaffarabad, was maintained. 2. Precise facts forming background of the instant appeal are that Malik Muhamamd Azeem, plaintiff-appellant, herein, filed a suit for…

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