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1989 SCMR 309

Mst. MATAB BIBI vs SHAMIM AKHTAR and others

Citation1989 SCMR 309
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 342 of 1982
Date1988-08-01
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--A defendant (donee) in a declaratory suit has sought leave to appeal against the dismissal of her civil revision by the High Court.

2. The learned counsel has contended that even if the gift made by Mst.Bakhan in petitioner's favour had to be annulled,it needed examination whether by virtue of the various Shariat Application Laws, that part of the gift which related to the inheritance of Mst. Bakhan's own share (1/4th) should not have been allowed to remain intact, needed further examination. He has relied on Hadayat v. Mehtab Bibi (1972 SCMR 243).

3. ' Question raised requires examination.

4. Leave to appeal, accordingly, is granted. Security Rs,5,000.

5. ' The appeal shall be prepared on the present record with direction for the filing of all additional necessary documents.

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