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1989 SCMR 1478

MUHAMMAD SALEHOON vs Mst. BILQUIS BEGUM and others

Citation1989 SCMR 1478
CourtSupreme Court of Pakistan
Case No.Civil Petition No,767 of 1983
Date1988-08-13
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultPetition dismissed

ORDER

1. ' MUHAMMAD AF'ZAL ZULLAH, J.-A defendant has sought leave to appeal against the dismissal by the High Court of his Regular Second Appeal which had arisen out of a dispute about alienation by one Ghulam Muhammad, of suit property to the respondent No,1 in lieu of her dower.

2. ' The history of litigation is fairly long which need not be narrated here. The impugned judgment has dealt with all the details adequately. The dispute between the contesting parties raised before us is simple. Firstly whether the alienation was validly made in respondents' favour and if so whether any subsequent alienation through gift in petitioner's favour during the pendency of the litigation was valid and effective against the rights of the said respondent. Secondly, questions have also been raised of petitioner's right to challenge the alienation to the said respondent and in that context asserted all his rights notwithstanding the bar of transfer during pendency of litigation.

3. Jurisdictional questions have also been raised.

4. We have heard the learned counsel at some length. Regardless of the technical objections, the alienation in respondents' favour together with the relevant conditions is fully proved. That being so, petitioner's claim on merits is not at all well-founded. Thus notwithstanding any technical objections, we do not consider it a fit case for grant of leave to appeal.

5. ' It is, accordingly, refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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