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1989 SCMR 1161

MUHAMMAD ANWAR vs Mst. ZUNEERAN BIBI

Citation1989 SCMR 1161
CourtSupreme Court of Pakistan
Case No.Civil Petition No,595 of 1984
Date1988-09-10
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Petitioner/defendant in a suit for possession and permanent injunction, filed by his sister, has sought leave to appeal against the dismissal by the High Court of his Civil Revision.

2. ' The petitioner wanted to deprive the respondent of her rightful share in their father's inheritance.

3. He claimed that he was the exclusive owner of the suit property as a donee under an oral gift made by the parties' father. The learned trial Judge decreed the respondent's suit. Her claim was accepted and petitioner's plea was rejected. The trial Court's verdict was upheld in appeal and revision filed by the petitioner.

4. ' The learned Judge in the High Court declined to interfere with the concurrent findings of fact particularly when there was no noticeable misreading or non-reading of material evidence.

5. ' Learned counsel, in addition to the challenge on questions of fact, has also contended that the burden of relevant issue was wrongly placed on the petitioner.

6. We, after hearing him, are satisfied that the findings of fact do not suffer from any infirmity. The question regarding burden of the issue is also of no help to the petitioner. There is no complaint that he suffered any prejudice in this behalf and that on account of this so-called technical defect, he failed to produce the necessary evidence. Otherwise too, the technicality regarding burden of proof, in cases, like the present one, is of no significance at this stage. No justification having been made out for interference, leave to appeal is refused.

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