' M. JAVED BUTTAR, J.--- The petitioner Zafar Iqbal through this petition under Article 185(3) of the Constitution of lslamic Republic of Pakistan, 1973 has assailed the judgment, dated 29-5-2003 passed by a learned Single Judge of the Lahore High Court, Lahore whereby Writ Petition No,8842 of 2000 instituted by respondent No,1, Mst. Tahira Perveen has been partly allowed and the amount of Rs,50,000 being price of the motorcycle has been added to the amount of dowry articles, decreed by the trial Court.
2. The marriage of respondent No,1 with the petitioner ended in a divorce. Respondent No,1 instituted a Suit (No,359/1 of 1997) of recovery of dowry articles or their value amounting to Rs,1, 83,390. The break-up of the articles and their value was given in the plaint. The suit was contested by the petitioner. The Family Court, Kasur vide its judgment and decree, dated 25-11-1998, after framing the issues and recording evidence produced by the parties, decreed her suit for Rs,75, 000.
Her claim for motorcycle or its value and the gold ornaments was declined. Both the parties assailed the trial Court's judgment through appeals (Civil Appeals Nos.95-96 of 1998), which were dismissed by the Additional District Judge, Kasur on 12-6-1999. The matter was further assailed only by respondent No,1 through Writ Petition No,8842 of 2000, which was disposed of by the High Court in the terms mentioned above.
3. It is submitted by the learned counsel for the petitioner that giving of the motorcycle in the dowry wasnot proved and the trial Court as well as Appellate Court were justified in rejecting the respondent's claim.
4. The learned Judge of the High Court after perusal of the record and the statements dated 3-6- 1999 and 11-6-1999, made before the Appellate Court, during the pendency of the appeals, concluded that the motorcycle was purchased by father of the respondent No,1 through his son Tariq Mehmood which was given to her at the time of marriage, which was sold by the petitioner for Rs,50,000 and the petitioner's excuse that Tariq Mehmood himself offered it for sale to him and he purchased it being a Dealer of motorcycles and subsequently sold to someone else, is devoid of credibility. It was in this factual background, the learned Judge of the High Court (correctly) held that motorcycle was given to respondent at the time of marriage as a dowry article which was sold by her husband for Rs,50,000. An amount of Rs,50, 000 was, therefore, correctly added in the amount of the decree passed in favor of respondent.
5. Learned counsel for the petitioner has not been able to point out illegality and jurisdictional defect in the impugned judgment. Even otherwise the controversy is merely factual in nature and it does not involve any, question of law. We find no merit in this petition which is dismissed and the leave is refused.