Case Details

Citation(s)
2003 SLG 752 2003 SLD 752 2003 SCMR 1918
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1564-L of 1999, decision dated: 7-07-2002, hearing DATE : 5-07-2002
RANA BHAGWANDAS AND TANVIR AHMED KHAN, JJ
Ch. Muhammad Nasrullah Waraich, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioners. Nemo for
Respondents

MUHAMMAD INAYAT and others

VS

MUHAMMAD KHAN and others

Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration challenging validity of registered gift deed---Suit decreed by Trial Court was upheld by Appellate Court and by High Court in revision---Contention of plaintiffs was that gift in dispute was executed by deceased donor in village, while another gift was executed by the same persons on same day before Sub-Registrar---Validity---Second gift challenged at any stage question same for made in favour of same under for making importance. JUDGMENT RANA BHAGWANDAS, J. ----Petitioners seek leave to appeal against Lahore High Court judgment, dated 14-6-1999 dismissing his Civil Revision No.1541 of 1986 maintaining concurrent findings of fact arising out of a suit for declaration challenging the validity of a registered gift deed, dated 31-3-1977. 2. Niaz Ali, who was the last male owner of the said land made a gift of the land in favour of the -Respondents, who are his real nephews. -Petitioners, who are also nephews of the said Niaz Ali, questioned the correctness of the gift on the ground that he was confined to bed, suffering from paralysis and a head injury and as such was unable to move about or speak. Suit was resisted by the -Respondents. Issues were settled and evidence was adduced by both the parties. At the conclusion of the hearing, learned trial Court dismissed the suit vide judgment and decree, dated 24-1-1985. An appeal filed by the -Petitioner was dismissed on 30-3-1986. Civil revision before the High Court also proved fruitless, hence this petition. 3. We have heard learned counsel for the -Petitioners and with his assistance gone through the relevant evidence as well as the impugned judgment. In…
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