Law:

Section:

(a) Registration Act (XIV of 1908)----Ss. 17 & 49--Gift--Muhammadan Law--Hibba-bil-Ewaz--Possession of disputed house had been acquired by the respondent (wife) in consideration of relinquishment of her right to receive the dower amount which amounted to the delivery of possession under Hibba-bil-Ewaz--Entry regarding gift of the disputed house m the relevant column of Nikahnama was made merely to show how the dower fixed at the time of marriage had been paid--Provisions of Ss.17 & 49 of the Registration Act were not attracted. Mst. Allah Jawai's case PLD 1975 Lah. 1399 ref. (b) Constitution of Pakistan (1973)- ---Art.185(3)--Findings of fact--Submissions made on factual aspects of the case had been concluded by the findings of fact rendered by the three Courts below-­No justification for interference was found--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought, against the dismissal by the High Court, of petitioner's Regular Second Appeal. He was a defendant in a suit for declaration and injunction. He denied the claim of the plaintiff/respondent that she as petitioner's wife had become owner of the suit house, as a result gift during wed-lock between the two-the house was given to her by the petitioner (husband). Her suit was decreed and the petitioner's first and second appeals having been dismissed, he has now sought leave to appeal. The learned Judge in the High Court in an elaborate judgment came to the following conclusion:- "The respondent is admittedly in possession of the disputed house which, according to her, was delivered to her at the time of her marriage. Both the Courts below have rejected the appellant's contention that the disputed house had been leased out to the respondent's parents by the appellant prior to his marriage with the respondent. The possession of the house having been acquired by the respondent in consideration of relinquishment of her right to receive the amount of dower fixed at the time of her marriage with the appellant amounts to the delivery of possession of the house under Hibba-bit-Ewaz. It was, therefore, not necessary…

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