Law: Family Courts Act, 1964

Section: 5

Family Courts Act (XXXV of 1964)--- ----S. 5---Maintenance for minors---Concurrent findings for facts by two courts below---Execution of decree---"Sham transaction"---Scope was father of debtor and objected execution of decree passed by Family Court on the plea of owner of land in question---Both the Courts below dismissed the objection considering transfer of land in favour of petitioner as sham---Validity---Mutation in favour of petitioner was got attested by debtor four months after passing of decree against his son---Such transfer of land fell within the definition of "sham transaction" which was rightly cancelled by Executing Court---Readiness of petitioner for partial payment of outstanding maintenance for minors in addition to paying future maintenance, he was at liberty to satisfy the decree through his son / debtor and there was nothing impeding his way but such fact could not be used to set aside execution of decree---Concurrent findings of facts recorded by Courts below could not be upset in Constitutional jurisdiction until and unless those were proved to be perverse or result of arbitrariness---Petition was dismissed in circumstances. Farhat Jabeen v. Muhammad Safdar and others 2011 SCMR 1073 rel. ORDER SHUJAAT ALI KHAN, JUSTICE:---.--- Through this petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner (father of the judgment-debtor/respondent No.6 and paternal grandfather of respondent No.5) has put a challenge to order, dated 20.09.2019, passed by the learned Judge Family Court, Depalpur (learned Executing Court) whereby the application filed by respondents Nos.4 and 5 (judgment-debtors) for cancellation of mutation No.931, dated 10.05.2017, attested in favour of the petitioner was accepted and the Objection Petition filed by him was dismissed. In addition thereto, the petitioner has also assailed judgment, dated 09.11.2019, passed by the learned Additional District Judge, Depalpur (learned Appellate Court) whereby the appeal filed by him against order, dated 20.09.2019, was dismissed. 2. Learned counsel for the petitioner contends that during pendency of proceedings before learned Executing Court…

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