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1989 SCMR 567

NOOR KHAN vs Mst. ALAM KHATOON

Citation1989 SCMR 567
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No,82 of 1984
Date1988-11-14
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave to appeal refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--This petition by a defendant, in a suit for declaration, is directed against the dismissal by the High Court of petitioner's Civil Revision.

2. ' The suit by the respondent (sister of the petitioner) challenged a gift purported to have been made by her in petitioner's favour, was dismissed. Her appeal however, was allowed on the ground that the petitioner had failed to satisfy the Court on Issue No,7 which related to the validity of the gift. The High Court upheld the appellate decision, therefore, this petition for leave to appeal.

3. ' Learned counsel has contended that the execution of the gift deed having been established the respondent had failed to establish that in fact the gift was not made.

4. The learned two Courts below having carefully examined the version of the respondent vis-a-vis the disputed gift and having also held that she had no independent advice, rendered findings of facts against the petitioner. Her version has been believed. No justification has been made out to set aside the findings of fact or to doubt the veracity of respondent at this stage. Leave to appeal is, therefore, refused.

5. ' Leave to .

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