Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--Art.185(3)--Petition for leave to appeal--Petitioner's claim had been rejected throughout on the basis of findings against him regarding disputed questions of fact--Refusal of High Court to interfere with the findings of fact did not suffer from any infirmity--Leave to appeal refused. (b) Gift-- ---Power of Attorney--Contention that on the day the gift was made by the attorney, person who executed the power of attorney in his favour was not alive, therefore, power of attorney was no more operative; hence gift made on the basis of said power of attorney was ineffective--Assertion regarding the death of said person was based on an assumption made and a presumption claimed, on the further assertion, that he was not heard of for last seven years--No concrete material for holding that death took place on a certain date was available--Held, if the said person had died before the gift was made in favour of his son's wife, then he (son) being the sole successor of his father, to inherit his property could in any way give away the same to his wife--Claim of petitioner having been rejected throughout on the basis of findings against him, Supreme Court declined interference. Syed Riazul Hassan Gilani, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 10th September, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs in a suit for declaration, relating to questions of inheritance and validity of a gift regarding suit land, against the dismissal by the High Court of their regular second appeal. The suit and 1st appeal were earlier dismissed. The petitioners claim to be collaterals of…

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