Case Details

Citation(s)
2008 SLG 779 2008 SLD 779 2008 CLC 790
Lahore High Court
Civil Revision No.2027 of 2007, decision dated: 29-02-2008
ALI AKBAR QURESHI, J

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ALLAH DITTA

VS

AMINA BIBI

Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Declaration of title---Pardahnashin, illiterate lady---Concurrent findings of facts by the courts below---Plaintiff being illiterate Pardahnashin lady, assailed disputed Hiba of suit land on the ground that it was a result of fraud and misrepresentation---Defendant failed to produce any male member of plaintiff family who was present at the time of alleged transaction of gift---Defendant also failed to prove offer of gift, its acceptance and delivery of possession---Trial Court and Lower Appellate Court concurrently decreed the suit in favour of plaintiff lady---Validity---Defendant having neither produced, nor summoned any witness to prove prerequisites and fulfilment of gift in question, gift was not proved in circumstances---Consistent and concurrent findings of both the courts below were based on independent application of judicial mind and fair evaluation and appreciation of entire evidence---Not an iota of evidence was highlighted by defendant even so much as to presume that s passed by two courts below suffered from any perversity, misreading and non-reading of evidence--Conclusion drawn by the courts below were based on sound reasons and were in conformity with the law laid down by superior courts to deal with and cater for such like eventualities---Judgments and decrees passed by both the courts below being free from any jurisdictional defect and illegality were not open to any exception and interference by High Court in exercise of its revisional jurisdiction---High Court declined to interfere with the s and decrees passed by the courts below---Revision was dismissed in circumstances. NLR 1990 Civil 699; PLD 1991 SC 466; 1992 CLC 235; 2007 SCMR 466 and 2007 SCMR 1446 ref. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 fol. Noor Muhammad Awan for Petitioner. ORDER ALI AKBAR QURESHI, J.--- Civil Revision 2027 of 2007 filed by petitioner Allah Ditta has arisen from judgment, dated 2-10-2007 whereby learned Additional District Judge, Gujrat dismissed petitioner's appeal to call in question the validity of judgment and decree of Civil Judge, Gujrat decreeing the suit ofโ€ฆ
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