Law: Civil Procedure Code (V of 1908)

Section: 100

P L D 2024 High Court (AJ&K) 9Before Chaudhary Khalid Rasheed, JBASHIR AHMED---AppellantVersusMst. HAJIRAN BIBI and 4 others---RespondentsCivil Appeal No. 159 of 2019, decided on 16th February, 2024.(a)    Civil Procedure Code (V of 1908)-------S. 100---Concurrent findings---Second appeal---Jurisdiction of the High Court--Scope---Concurrent findings of facts cannot be disturbed in second appeal unless mis-reading or non-reading of evidence is pointed out by the appellant or flagrant violation of any statutory law has been committed by the Courts below. 2022 SCR 416 ref.(b)    Specific Relief Act (I of 1877)-------Ss. 42 & 12---Suit for declaration and possession---Gift-deed in favour of son/brother---Proof---Claim of the plaintiff/sister was that she was minor when the impugned gift-deed was recorded in favour of her brother/defendant---Claim/stance of the defendant/brother was that at the time of registration of gift-deed the plaintiff/sister had attained majority---Suit filed by sister against her brother challenging gift-deed in his favour was concurrently decreed---Validity---Claim of the appellant (defendant/brother) was not proved from the record because it was established from evidence that the plaintiff took birth after the death of her father--Even if the stance taken by defendant/appellant regarding date of death of father of plaintiff was accepted even then on the date of registration of gift-deed the sister was minor for the purpose of Transfer of Property Act, 1882, thus the gift deed was illegal for the reason that a minor was not competent to enter into an agreement--Second appeal filed by the defendant/brother was dismissed, in circumstances.(c)    Specific Relief Act (I of 1877)-------Ss. 42 & 12---Suit for declaration and possession---Gift-deed in favour of son/brother---Fraud, allegation of---Limitation---Suit filed by sister against her brother challenging gift-deed in his favour was concurrently decreed---Validity--Plaintiff in relevant para of the plaint had categorically illuminated that a few days ago on scrutiny of revenue record she came to know about the…

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