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1989 SCMR 1201(2)

Mst. HAMIDA BIBI vs FATEH MUHAMMAD and others

Citation1989 SCMR 1201(2)
CourtSupreme Court of Pakistan
Case No.Civil Petition No,96 of 1984
Date1988-08-31
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant against the dismissal of her Civil Revision, by the High Court.

2. The respondents had challenged a gift made by their predecessor-ininterest in favour of the petitioner. Their suit was decreed. The petitioner's appeal and Civil Revision were dismissed.

3. Learned counsel relying on various judgments of the superior Courts, contended that the application of doctrine of `Musha' did need examination in this case and thus leave to appeal should be granted.

4. ' After hearing him, we are of the view that if the said question alone had been the deciding factor, it might have been a fit case for the grant of leave to appeal. But it can be clearly understood from the High Court's judgment that making of the genuine gift in favour of the petitioner was otherwise not established and the findings in this behalf being unexceptionable, no useful purpose would be served by granting leave to appeal on the question of 'Musha'. The same, therefore, is refused.

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