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1989 SCMR 1170

MUHAMMAD IQBAL KHAN vs Mst. HUSSAINA BEGUM and others

Citation1989 SCMR 1170
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 465 of 1984
Date1988-09-07
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 in a declaratory suit regarding inheritance, against the dismissal by the High Court of his Regular Second Appeal.

2. ' The respondents' suit for a share in the inheritance of parties' father, claiming as his daughters, has been decreed against the petitioner throughout. His plea was based on a gift said to have been made by the father in favour of the son (petitioner) only.

3. After hearing the learned counsel, we agree with the learned Judge in the High Court that the concurrent findings of fact regarding the so-called gift claimed by the petitioner which go against him, were not liable to be set aside by the High Court. On the question of appreciation of evidence and facts, the impugned findings do not suffer from any infirmity, legal or otherwise. Leave to appeal, therefore, is refused.

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