BASHIR AHMED vs Mst — 2024 PLD 9 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2024 PLD 9 HIGH-COURT-AZAD-KASHMIR
Year: 2024
Reporter: PLD
Parties: BASHIR AHMED vs Mst
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BASHIR AHMED VS Mst. HAJIRAN BIBI 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 registration of gift deed in question, whereas the appellant/defendant on rebuttal of said para simply stated that suit was against law, procedure, facts, without entitlement and jurisdiction, and did not utter any word regarding knowledge of the plaintiff, hence it would be deemed that he admitted the claim of the plaintiff that she came to know about the said gift- deed few days prior to institution of suit because the evasive denial would be deemed as an admission---Even otherwise the plaintiff assailed the gift-deed on the basis of fraud and in case of fraud limitation would run from the date of knowledge---Second appeal filed by the defendant/ brother was dismissed, in circumstances.

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