Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974).----S. 42---Appeal to Supreme Court---Concurrent findings on all issues by Courts below---Effect---Where evidence on record had received due and full consideration by subordinate Courts on a question of fact, finding rendered by them could not be disturbed or interfered with even by the High Court and the fact that inference drawn by Courts did not fairly arise out of the evidence or some other view point on basis of that evidence could also be taken would constitute no exception---Neither any error in the procedure, nor misreading or non-reading of evidence had been pointed out to warrant interference in the s and decrees of Courts below---Supreme Court normally would not interfere with concurrent finding even where any other view of evidence was possible, particularly when evidence had been correctly appreciated by subordinate Courts. Shah Alam and others v. Hav. Muhammad Nawaz and 5 others PLD 1981 SC (AJ&K) 124; Saleh Muhammad Khan v. Hassan Muhammad Khan 1981 CLC 353 and Nadir Shah v. Lai Shah PLD 1954 Lah. 4,47 ref. Ch. Muhammad Bashir, Advocate for Appellants. Muhammad Younus Arvi, Advocate for Respondents. Date of hearing: 27th April, 1994. JUDGMENT CHAUDHRY MUHAMMAD TAJ, J.---This appeal by leave of this Court is filed to assail the judgment of the High Court dated 9-6-1993, whereby the second appeal preferred against the judgment of the District Judge, Mirpur was dismissed and the decree passed by Sub-Judge, Mirpur was maintained. The facts briefly stated are that Fazal Begum, respondent herein, filed a suit in the Court of Sub-Judge, Mirpur, seeking declaration and perpetual injunction against the appellants-defendants regarding the suit land on the ground that the same was donated in favour of respondent and her husband Tasawar Hussain (the pro forma-respondent in the plaint who had died during the pendency of the suit and is survived by the respondents) on their wedding by Janaid Shah, Safdar Shah and Farzand Shah the ancestors of appellants ­defendants through a document executed on Maghar 2, 2001 Bk. The suit land is also claimed to be in possession of respondents in their own…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492