Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Islamic law--- ----Gift--- Validity--- Scope--- Appellant filed suit for declaration and permanent injunction along with possession claiming therein that he was owner to the extent of his share 3/4th and widow of deceased to the extent of her share i.e. 1/4th from the total land and that the gift deeds procured by the defendants were obtained through exercise of undue influence---Courts below dismissed the suit---Validity---Contention of appellant, that one of the defendants was not close relative of the deceased, hence, the gift deed in his favour was liable to be cancelled, had no value in the eyes of law, as the appellant had failed to refer any law which provided that gift deed could only be executed in favour of close relatives---Other contention of appellant that at the time of execution of gift deed the donor was severally ill and 90 years old had no force because no medical certificate of the deceased from the concerned hospital was produced which could show that at the time of execution of the deeds, the donor was suffering from a disease which could create an impression of his immediate death---Judgments and decrees passed by courts below were upheld---Appeal was dismissed with costs. 2005 YLR 2388 ref. (b) Islamic law--- ----Gift---Inheritance---Scope---Owner can make a gift of his property to any person of his own choice---Question of inheritance arises only to the extent of property left by the deceased owner. (c) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Concurrent findings of facts---Scope---Concurrent findings of facts recorded by the Trial Court and the first appellate court cannot be disturbed by the High Court, unless an irregularity or illegality has been committed by the Courts below in appreciation of evidence and there is a case of misreading or non-reading of evidence. JUDGMENT MUHAMMAD SHERAZ KIANI, J.--- 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 29.04.2015, recorded by the learned Senior Civil Judge, Muzaffarabad was maintained. 2. Precise facts forming…

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