| Citation(s) |
|---|
| 1989 SLG 1987 1989 SLD 1987 1989 SCMR 1947 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.284 of 1985, decision dated: 20-03-1989.(On appeal from the judgment dated 14-01-1985 of the Lahore High Court in R.SA. No.(?) of 1985)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
CA. Rahman, Advocate, instructed by Ch. Ghulam Mujtaba, Advocate-on-Record for Petitioner. Rana MA. Qadri, Advocate-on-Record for
Respondents.
Civil Petition for Leave to Appeal No.284 of 1985, decision dated: 20-03-1989.(On appeal from the judgment dated 14-01-1985 of the Lahore High Court in R.SA. No.(?) of 1985)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
CA. Rahman, Advocate, instructed by Ch. Ghulam Mujtaba, Advocate-on-Record for Petitioner. Rana MA. Qadri, Advocate-on-Record for
Respondents.
ALLAH DITTA
VS
GHULAM FATIMA and another
Law:
Section:
Qanun-e-Shahadat (10 of 1984)----Art.34--Constitution of Pakistan (1973), Art.185(3)--Factum of gift--Denial by donor of factum of gift and subsequent denial of gift by donee herself--Effect-Plaintiffs suit challenging gift alleged to. have been made by him in favour of donee defendant and consequential challenge to the further alienation made by donee to petitioner, was decreed and alienee petitioner's appeals failed upto the High Court--Donee after the admission about the gift in the first instance in her written statement, resiled from such admission subsequently--Statement of such interested donee, however, was of secondary importance--Plaintiff, the alleged donor, did not own the gift and he was believed by all the Courts below--No basis was thus left for upholding the alienation made by alleged donee in favour of alienee petitioner--Concurrent findings of fact did not suffer from any error, in law or principle--No justification was made out for grant of leave to appeal-Leave refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant, against the dismissal by the High Court, of his Regular Second Appeal. The suit filed by the respondent No.2 challenging a gift purported to have been made by him in favour of respondent No.1 and consequential challenge to…
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