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1989 SCMR 1425(1)

ZAREEN BIBI and others vs INAYAT BEGUM and others

Citation1989 SCMR 1425(1)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,14 of 1981
Date1988-07-11
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultPetition dismissed

ORDER

1. ' JAVID IQBAL J.--This petition for leave to appeal has been filed by the petitioners who claim that Inayat Begum respondent as well as Umar Draz and Mst. Kishwar Sultan respondents are not the wife, and son and daughter of Nur Muhammad deceased. Mst. Zareen Bibi petitioner is daughter of Nur Muhammad from a different wife namely Mst. Nur Bakht petitioner. Their main case was that Mst. Inayat Begum respondent in her statement before a Magistrate had admitted that she was the wife of one Nasrullah. But this statement had at no stage been considered as a duly proved document. Mst. Inayat Begum respondent did not appear in the witness-box at all nor she had ever been summoned at any stage of the litigation to prove the alleged statement made by her. This was the reason why the trial Court, appellate Court as well as learned Single Judge of the Lahore Higth Court, Lahore in R.SA. Gave concurrent findings of fact in this case as against the present petitioners. Since this is the position no interference is called for. The petition is accordingly dismissed.

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