| Citation(s) |
|---|
| 2008 SLG 1825 2008 SLD 1825 2008 SCMR 1341 |
Supreme Court of Pakistan
Civil Petition No. 3104-L of 2001, decision dated: 26-08-2004.(On appeal from the order, dated 16-8-2001 passed by Lahore High Court, Multan Bench, Multan in Civil Revision No.774-D of 2001)
IFTIKHAR MUHAMMAD CHAUDHRY AND TASSADDUQ HUSSAIN, JILLANI, JJ
Khadim Nadeem Malik, Advocate Supreme Court and Muhamud-ul-Islam, Advocate-on-Record for Petitioner. Ch. Naseer Ahmad Bhutta, Advocate Supreme Court for
Respondents
Civil Petition No. 3104-L of 2001, decision dated: 26-08-2004.(On appeal from the order, dated 16-8-2001 passed by Lahore High Court, Multan Bench, Multan in Civil Revision No.774-D of 2001)
IFTIKHAR MUHAMMAD CHAUDHRY AND TASSADDUQ HUSSAIN, JILLANI, JJ
Khadim Nadeem Malik, Advocate Supreme Court and Muhamud-ul-Islam, Advocate-on-Record for Petitioner. Ch. Naseer Ahmad Bhutta, Advocate Supreme Court for
Respondents
Mst. BILQEES MAI
VS
ALLAH BAKHSH and others
Law:
Section:
Specific Relief Act (I of 1877)---S.42---West Pakistan Rules under Muslim Family Laws Ordinance, 1961, R.8, Form-II---Constitution of Pakistan (1973), Art.185(3)--Suit for declaration---Plaintiff claimed ownership of properties mentioned in Columns Nos.13 to 16 of Nikahnama being dower agreed upon by defendant (father of her husband)---Defendant also filed suit alleging such entries to be result of fraud---Trial Court consolidated both suits---Courts below dismissed plaintiff's suit and decreed defendant's suit, which decrees were maintained in revision by High Court---Validity---Original Nikahnama produced before Supreme Court through Nikah Khawan clearly indicated that there was manipulation in entries of columns Nos. 13 to 16 of Nikahnama---Courts below had rightly non-suited plaintiff by recording concurrent findings of fact---Supreme Court dismissed petition and refused leave to appeal. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition calls in question the judgment, dated 16th August 2001 passed by Lahore High Court, Lahore whereby Civil Revision filed by the petitioner has been dismissed. 2. Precisely stating the facts of the case necessary for disposal of instant petitioner are that petitioner Mst. Bilqees Mai instituted a suit for declaration of ownership of the articles/properties mentioned in Columns Nos.13 to 16 of Nikahnama Exh.P/1 on the averments that respondent No.1 being father of her husband respondent No.2, at the time of Nikah between the parties took the responsibility for satisfying her claim of the dower against the articles and the properties mentioned in columns Nos.13 to 16 in Nikahnama which includes residential/ agricultural property owned by respondent No.1. The respondent contested the suit. Meanwhile he also filed a suit against the petitioner for declaration on the ground that the alleged entries in Nikahnama are the result of fraud, therefore, he is not bound to satisfy her claim. Both the suits were consolidated and issues arising out of pleadings of the parties were framed, evidence so led by them in respect of their respective contentions was recorded and the learned trial Court vide consolidated judgment, dated 23rd…
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