Law: Constitution of Pakistan, 1973

Section: 185(3)

Evidence Act (I of 1872)--S.102--Specific Relief Act (I of 1877), S.42--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal--Gift--Burden of proof--Findings of fact by Courts below--Interference with--Grounds urged related to appreciation of evidence, findings of fact by Courts below and wrongly placing burden of issue in the factual field on petitioners--Nature of dispute and particular issue did not support the view that burden was wrongly placed--Such grounds hardly furnished any justification for setting aside findings of fact which were rendered after contest between parties in which none suffered any prejudice--No infirmity being noticeable in findings of Courts below, leave to appeal was refused. Sardar Shah Bokhari (absent) and Mahmood A. Qureshi, Advocate-on-­Record for Petitioners. Nemo for Respondents. Date of hearing: 14th September, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--The defendants in a declaratory suit regarding inheritance and a gift of the suit property which belonged to the father of the parties, have sought leave to appeal against the dismissal by the '' High Court of their Regular Second Appeal. The respondents (daughters)' suit claiming right in the property left by the parties' father, was decreed. The petitioners first and second appeal having been…

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