Case Details

Citation(s)
2015 SLG 1542 2015 SLD 1542 2015 MLD 420
Lahore High Court
Civil Revision No.2360 of 2011, heard on 13-12-2013
ATIR MAHMOOD, J
Abdul Waheed Chadda for Petitioner. Mian Asad Saeed for
Respondents Nos. 1 and 2

MUHAMMAD AFZAL

VS

MUHAMMAD HAFEEZUR-REHMAN through Legal Heirs and others

Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Insurance policy---Tarka---Scope---Contention of plaintiffs was that they being parents of deceased were entitled to get the share from the insurance amount whereas defendants contended that insurance claim was not a legacy of the deceased as terms and conditions of the insurance policy were that the insurance claim would be given to the survivor---Suit was decreed by the Trial Court which was upheld by the Appellate Court with certain modifications---Validity---Plaintiffs were entitled to have their shares in the claim of insurance policy of the deceased in accordance with their shares---No illegality or irregularity was committed by the courts below while passing the impugned s and decrees---No mis-reading or non-reading of evidence or any jurisdictional defect had been pointed out by the defendant---Revision was dismissed in circumstances. PLD 1991 SC 731 ref. Mst. Amreen Khatoon v. Mst. Shamim Akhtar and others 2005 SCMR 512 rel. JUDGMENT ATIR MAHMOOD, J.---Through this civil revision, the petitioner has challenged the judgment and decree dated 19-4-2011 passed by the learned Additional District Judge, Gujranwala who partly accepted the appeal filed by the petitioner against the judgment and decree dated 20-10-2010 passed by the learned Civil Judge 1st Class, Gujranwala whereby the suit for declaration with permanent injunction filed by respondents Nos. 1 and 2 was decreed. 2. Brief facts of the case are that respondents Nos. 1 and 2 filed a suit for declaration with permanent injunction before the learned Civil Judge, Gujranwala. The respondents Nos. 1 and 2 alleged in their plaint that they are parents of deceased Farrah Tayyaba, who was married with the petitioner on 12-5-2004 and no issue was born from that wedlock. Thereafter Mst. Farrah Tayyaba was murdered on 15-6-2004. It is alleged that the petitioner and Farrah Tayyaba deceased obtained an Insurance Policy under the Plan namely "Jewan Sathi" from respondents Nos. 3 to 5 vide policy No. 507564506-7 dated 31-12-1998. After issuance of the above-said "Jewan Sathi" Policy, the petitioner paid the entire premiums from his own pocket…
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