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1989 SCMR 1278

MUHAMMAD HASSAN and another vs GHULAM SHAH and another

Citation1989 SCMR 1278
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,155 of 1985
Date1989-03-18
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultPetition dismissed

ORDER

1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the order of the Lahore High Court, Lahore, dated 8th December, 1984 whereby R.S.A. Of the petitioners was dismissed.

2. ' Briefly the facts are that Mst. Mastooran owned some land. The case of the petitioners is that they obtained the suit land from her through exchange deed to the effect that they had transferred their two houses in her favour in exchange of her land. Subsequently Mst. Mastooran alongwith her husband Ghulam Shah respondent brought a declaratory suit challenging the validity of the exchange deeds. On her death the minor daughter of the two alongwith her father carried on these proceedings as against the petitioners on the allegation that the exchange deeds were procured by fraud and misrepresentation. The suit was resisted by the petitioners but it was decreed in favour of the respondents. The appeal of the petitioners failed. Thereafter their second appeal as stated above also failed. Hence the present petition.

3. ' Learned counsel attempted to argue before us that the exchange was genuine, that the respondents were still in possession of the houses which were exchanged in lieu of Darya Burd land belonging to Mst. Mastooran deceased and that there was no fraud or misrepresentation.

4. We have heard learned counsel but the concurrent finding of all the Courts is to the effect that the exchange deeds in question were procured by undue influence and this finding of fact has been recorded against the petitioners. Furthermore it is evident that the allegation of misreading of record was not being supported by the evidence on record. In that view of the matter we do not find any substance in this petition which is accordingly dismissed. However, if the respondents are still in possession of the two houses belonging to the petitioners, they should surrender possession of the said houses to them.

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