Law: Civil Procedure Code (V of 1908)

Section: 35A

Law: Civil Procedure Code (V of 1908)

Section: 35A

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Plaintiff filed suit for declaration that her husband had gifted suit plot to her through an agreement and ever since she had been owner in possession of house constructed on the suit plot---Testimony of the marginal witnesses read with statement of the plaintiff, had unequivocally proved that gift was made in favour of the plaintiff, which was accepted by her and possession was delivered to her---Nothing was in the cross-examination to shake the testimony of those witnesses---Document as a whole established that it was a Hiba-­bil-Ewaz for all intents and purposes---Record had established that the plaintiff remained in possession of the house in dispute throughout that period---Plaintiff had unshakenably established that the ingredients of gift were complete---Both courts below had rightly decreed suit as no illegality or material irregularity had been demonstrated to have been committed in the concurrent findings of the courts below---Petition was dismissed. Raja Ali Shah v. Messrs Essem Hotel Limited and others 2007 SCMR 741; Rasheedur Rehman Khan v. Mian Iqbal Hussain PLD 2006 SC 418; Aurangzeb through. Legal Representatives and others v. Muhammad Jafar and another 2007 SCMR 236; State Bank of Pakistan v. Khyber Zaman and others 2004 SCMR 1426 and Barkat Ali through Legal Heirs and others v. Muhammad Ismail through Legal Heirs and others 2002 SCMR 1938 ref. Ch. Abdul Ghani for Petitioner. Date of hearing: 3rd June, 2009. JUDGMENT CH. NAEEM MASOOD, J.--- This civil revision is directed against the judgment and decree dated 18-11-1990, passed by the learned Civil Judge, Vehari and further concurred by the learned Additional District Judge, Vehari vide his judgment and decree dated 16-5-1995. 2. The brief facts asserted in the plaint are that Muhammad Ishaque deceased husband of respondent No.1 was allotted a plot of 5 Marlas by Housing Committee Vehari and he constructed a house thereon Mst. Hanifan Bibi respondent No.1 filed a suit for declaration that her husband had gifted this plot to her through an agreement dated 27-11-1983 and ever-since she has been owner in possession of the said…

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