| Citation(s) |
|---|
| 1998 SLG 973 1998 SLD 973 1998 SCMR 2730 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.251 of 1996, decision dated: 30-03-1998. (On appeal from the judgment dated 14-4-1996 passed by High Court of Peshawar in Civil Revision No.652 of 1994)
IRSHAD HASAN KHAN AND SH. IJAZ NISAR, JJ
Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. M. Sardar Khan, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondents
Civil Petition for Leave to Appeal No.251 of 1996, decision dated: 30-03-1998. (On appeal from the judgment dated 14-4-1996 passed by High Court of Peshawar in Civil Revision No.652 of 1994)
IRSHAD HASAN KHAN AND SH. IJAZ NISAR, JJ
Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. M. Sardar Khan, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondents
MUHAMMAD MURTAZA
VS
MUHAMMAD MUJTABA KHAN and another
Law:
Section:
Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art. 185(3)---Gift deed purportedly executed by plaintiff was denied by him to have been so executed---Courts below including the High Court dismissed plaintiff's suit-=-Validity---Petitioner , could not point out any misreading of material evidence on record---Impugned did not suffer from any legal infirmity warranting interference--Controversy raised before Supreme Court was concluded by concurrent finding of Courts below---Leave to' appeal was refused, however, order of Court would not affect review application filed by respondent (defendant) challenging direction of Trial Court regarding alleged improvement/construction made by plaintiff---Said review application would be decided on its own merits. JUDGMENT IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment dated 14-4-1996 passed by a learned Single Judge of the Peshawar High Court, Peshawar in Civil Revision No.6562 of 1994. 2. The petitioner/plaintiff challenged the genuineness of 'Tamleek' deed lExh.P.W.I/2) whereby the petitioner gifted his share of the said property in favour of defendant/respondent No. 1. The trial Court dismissed the suit on 6-6-1993 on the ground that it was genuinely executed by the petitioner and respondent No.2 herein in favour of respondent No. 1. 3. On appeal, the learned Additional District Judge affirmed the findings of the trial Court vide judgment dated 11-7-1994. In revision, the findings of the trial Court on genuineness of the gift-deed were upheld by the High Court and…
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