Law:

Section:

Muhammadan Law--Gift---House in question was gifted to plaintiff at her Nikah ceremony by her father-in-law---Plaintiff's suit for possession of house in question was decreed by Trial Court but the same was set aside by Appellate Court---High Court in revision set aside and decree of Appellate Court and restored that of Trial Court---Validity---High Court had reappraised entire evidence and came to conclusion that Appellate Court had misread evidence, misinterpreted document and misapplied law while giving decision and in setting aside finding of Trial Court---High Court had maintained that two disinterested reliable witnesses as also scribe of deed had deposed that gift had been made by defendant in favour of plaintiff and that they had thumb-impressed the scribe---Scribe had deposed that gift deed was scribed at the instance of parties which fact had not been controverted by defendant---Defendant had never challenged gift deed till the time that plaintiff, due to strained relations with her husband, brought the suit--­Finding recorded by High Court was not open to exception---Leave to appeal was refused in circumstances---Constitution of Pakistan (1973), Art. 185(3). ORDER FAZAL ILAHI KHAN, J.---Robina Begum respondent was married to Maroof Khan son of Khan Muhammad, petitioner, on 3-11-1985. At the time of Nikah the house in dispute was gifted to her by the petitioner and since 1987 she was allegedly residing in the same house alongwith her husband as an owner. As relations between the spouses became strained she filed suit for possession of the house. The suit was contested by the petitioner and his son; namely, Maroof Khan by filing their joint written statement in which they denied the contents of the plaint altogether. 2. After recording evidence of the parties on the issues which arose from the pleadings of the parties the learned Civil Judge decreed respondent/plaintiff's suit by judgment dated 12-6-1991. However, in appeal filed by the petitioner the learned Additional…

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