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2006 YLR 2986

REHMAT ALI vs KHUSHI MUHAMMAD

Citation2006 YLR 2986
CourtLahore High Court
Case No.Civil Revision No,1021 of 2003
Date2006-06-06
Judge(s)Jawwad S. Khawaja
ResultRevision petition dismissed

' JAWWAD S. KHAWAJA, J.--- Rehmat Ali, petitioner-defendant is the son of Khushi Muhammad respondent-plaintiff. The petitioner impugns the appellate judgment and decree dated 5-5-2003 whereby the decree of the learned trial Court was reversed and as a consequence, a declaratory suit filed by the respondent-plaintiff was decreed. The facts of the case, have been elaborately set out in the appellate judgment and, therefore, need not be reproduced in extenso.

2. The case of the petitioner was that the respondent had gifted the suit property to him vide Mutation No,1353 (Exh.D.1) sanctioned on 18-7-1995. The Pattidar Muhammad Ishaq who appeared as D.W.1 and the Lumberdar Dilawar Khan, who appeared as D.W.2, deposed that the mutation was for sale and not in respect of a gift. Furthermore, the respondent-plaintiff deposed that he had only affixed his thumb impressions because he was desirous of obtaining a loan. The gift was specifically denied by him.

3. In addition to the above the learned appellate Court noted that although the gift was allegedly made in 1995, the respondent remained in possession of the suit-land. The petitioner did not produce the Khasra Girdawari for the period prior to 2001 to prove that he had taken possession in 1995.

4. The impugned judgment is well reasoned and is unexceptionable being consistent with the record. Furthermore, learned counsel for the petitioner was unable to advert to any such jurisdictional error or other legal infirmity in the impugned judgment and decree, which would justify interference therein while exercising revisional jurisdiction. In these circumstances, I find no merit in this petition which is, therefore, dismissed.

Revision .

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