Clause 39 and 42 of the Transferred Property Act (IV of 1882), Section 122 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 suit have been filed in their plaintiff claiming the declaration and termination of the gift dead defendants. That the defendant in connection with the gift case fraudulently, secretly and without providing for the possession of the gifted property, the defendants alleged that the defendant was / is allegedly made, until the donor's death. The gift work is secret. And after a period of approximately 14 to 14 years, the changes were filed in favor of the defendant on the basis of this alleged gift process and it was affirmed in the Revenue Record Trial Court, but the Court of Appeal, following the results of the trial court high. Separated. The court, through unanimous decision, accepted the appeal of the plaintiffs on the remand of the Supreme Court, setting aside the decision of the Appellate Court below, while canceling the grievance process and dismissing it for non-possession of possession. Declared effective. The plaintiffs unanimously said that the plaintiff and donor were related plaintiffs through oral and documentary evidence, establishing the fact that they were the descendants of the deceased donor's true grandfather, according to Sharia law, the descendants of the real grandfather. One of the plaintiffs was entitled to half of the deceased donor's true sister, while the other plaintiff, in whose favor the decree was passed on by the High Court to the descendants of the grandfather, was entitled to half of the late inheritance. Was entitled, because the rest of the residents' claim was filed in 1970, but defendant Ali entered for the first time in 1984, after a donor's death, about 14 years later, and said about the gift process.
Related judgments — Supreme Court Azad Kashmir, 2012
