Case Details

Citation(s)
1981 SLG 3399 = 1981 SLD 3399 = 1981 CLC 527
Lahore High Court
Civil Revision No. 1837-D of 1980, heard on 2nd March, 1981s
Presented By: Manzoor Hussain Sial, J
Rana Abdul Rahim for Petitioner. Ch. Mashtaq Ahmad Khan for
Respondent.

AHMAD YAR AND ANOTHER-Petitioners

VERSUS

MUHAMMAD ASLAM-Respondent.

Law: Civil Procedure Code (V of 1908)

Section: 102(b)

Law: Punjab Pre-emption Act (I of 1913)

Section: 15

(a) Civil Procedure Code (V of 1908) S. 102(b) [as amended by Code of Civil Procedure (Amendment) Ordinance (X of 1980)]-Second appeal-Jurisdiction-Regular Second Appeal-Lies only when jurisdictional value of subject-matter exceeds Rs, 50,000-Value of suit being less than Rs. 50,000, appeal held, not maintainable nevertheless treated as revision and disposed of accord ingly.-[Second appeal-Revision (civil)]. (b) Mubammadan Law Gift-Possession, delivery of-Strangers to transaction of gift- Cannot assail validity of transaction on ground of possession having not been delivered to donee. Donee as well as donor both stating possession of gifted property having been delivered to donees, pre emptor, held, devoid of locus standi to challenge gift on ground of non-delivery of possession. Fazal Ahmad v. Mst. Rakhi P L D…
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