Law: Constitution of Pakistan, 1973

Section: 185(3)

Islamic law--- ----Gift---Proof---Pedigree-table---Plaintiff asserted that her mother was not a limited other of the suit land, rather the land was gifted to her by her husband in lieu of dower---To prove the ownership only document produced was pedigree-table---Trial Court decreed the suit whereas, the Appellate Court allowed the appeal---High Court dismissed the revision petition filed against the and decree passed by the Appellate Court ---Validity--­Neither there was any documentary evidence in support of said plea nor oral evidence in that behalf was confidence-inspiring---Mere entry in the side box of the pedigree-table would not make the mother of the plaintiff full owner of the estate unless there was other substantial evidence to that effect--­Appellate Court and the High Court after scrutinizing the evidence on record had rightly found the mother of the plaintiff to be 'limited owner and the legacy of the original owner of the estate was properly distributed amongst his legal heirs which warranted no interference by Supreme Court. JUDGMENT MIAN MUHAMMAD AJMAL, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 calls in question the validity of the judgment of the Lahore High Court, Lahore dated 27-9-1999, whereby Civil Revision No-1831 of 1984 of the petitioners, was dismissed. Brief facts are that Mst. Karamat Bibi mother of Ghulam Muhammad, the predecessor-in-interest of the petitioners got transferred land measuring 138 Kanals, 2 Marlas situated in Chak No.285 GB, Tehsil and District Toba Tek Singh in lieu of the land left by her in India. Mst. Karamat Bibi was married to Badar Din. Out of the wedlock, Ghulam Muhammad petitioners' predecessor was born. After the death of Badar Din, Mst. Karamat Bibi married to imam Din and got agricultural land in lieu of dower from Imam Din. Imam Din died in India and on migration, Mst. Karamat Bibi submitted her claim for it and after verification of the same, the land in dispute was finally transferred and confirmed in her name. She gifted the land in dispute to Ghulam Muhammad, through Mutation No.155 sanctioned on 11-3-1970. Kamal Din, respondent claiming himself…

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