Case Details

Citation(s)
1994 SLG 1147 1994 SLD 1147 1994 CLC 182
Lahore High Court
Writ Petition No. 1550 of 1993, decided on 14th February, 1993.
TANVIR AHMED KHAN, J
Shahid Hussain Kadri for Appellant.

TAWAKAL KHAN

VS

DANA AKHTAR and others

Law:

Section:

Coustitution of Pakistan (1973)--- ----Art.199---Appraisal of evidence---Question of fact---Both the Courts below while decreeing the suit of the respondent had determined a question of fact and no misreading had been pointed out to hold otherwise---Impugned , even otherwise, was just and proper and no justification was available to deprive the widow (respondent) of her own domestic articles and ornaments in the exercise of the Constitutional jurisdiction---Constitutional petition was dismissed in limine in circumstances. ORDER The petitioner through this Constitutional petition has taken exception to the judgments/decrees dated 26-i1-1991 and 7-12-1992 passed respectively by the Civil Judge and District Judge, Bhakkar. Facts briefly are that Mst. Dana Akhtar respondent No.l married petitioner's son Sher Muhammad on 22-8-1984. The latter died as a result of an accident and out of the wedlock, a son was born three months thereafter. The relations between the respondent and her in-laws became strained. She was turned out of family abode and was deprived of her ornaments and all household articles. Faced with this situation, she filed a suit for the recovery of articles or in the alternative claimed Rs.22,000 as their cost. The suit was resisted by the petitioner/defendant and the following issues were framed:-- (1) Whether the plaintiff is entitled to the recovery of household articles, as detailed in the plaint or in the alternative whether she is entitled to the decree for Rs.22,000? OPP. (2) Whether the plaintiff has no locus standi against the defendants? OPD. (3) Whether the suit is undervalued for the purposes of court-fee? OPD, (4) Relief. The parties led their evidence.…
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