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2012 SCMR 685

Mst. REHANA ZEB vs Dr. MATWARRA HUSSAIN and others

Citation2012 SCMR 685
CourtSupreme Court of Pakistan
Case No.C.R. No,991 of 2010 Civil Petition No,2404 of 2010
Date2012-02-17
Judge(s)Sarmad Jalal Osmany, Amir Hani Muslim, Shakirullah Jan
ResultPetition dismissed

ORDER

' MIAN SHAKIRULLAH JAN, J.---This petition has been filed against the concurrent judgments of the three Courts below i,e, trial Court, appellate Court and the provisional Court whereby the suit filed by the respondent plaintiff was dismissed.

2. The dispute between the parties revolves around a house No,218-E, Satellite Town, and Rawalpindi whereby the plaintiff respondent who is the daughter of the original owner states that she is the owner of the half. Of the house by way of inheritance while the half of the house has been transferred to her through an oral gift by her mother while on the other hand the respondents claim is that they are the legal heirs of the original owner and they have inherited the remaining one half in the house. The evidence was led pro and contra and as a result of the contest of the parties the suit was decided in favor of the respondents which was upheld by the appellate as well as the revision Courts.

3. Learned counsel for the petitioner has referred to certain portions of the evidence and according to him the petitioner has been able to prove her case and which evidence was not adverted to by the three Courts below.

4. We have gone through the impugned judgment and also the evidence which was referred to by the learned counsel for the petitioner and we did not find any misreading or non-reading of the material evidence of the nature if read in accord the manner the petitioner's counsel suggest, even then that would not result in a conclusion different from the one arrived by the Courts. We, therefore, see no substance in this petition and the same is dismissed.

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