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1991 SCMR 1344

Mst. ZOHRAN And Others vs Mst. FAZLAN And Other

Citation1991 SCMR 1344
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.453 of 1989 Civil Revision
Date1990-06-06
Judge(s)Ali Hussain Qazilbash, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

1. S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners against; the judgment of the Lahore High Court, dated 13-2-1989, arising out of a declaratory suit filed by the petitioners, wherein they have challenged the gift Mutation No. 3607 sanctioned by the Assistant Collector-I Shahpur, District Sargodha, in favour of the respondents, by Nabi Bakhsh father of the petitioners and respondents Nos.2-4 and husband of the respondent No.1. The suit after contest was dismissed by the trial Court on 8-3-1987. Appeal and subsequent revision of the petitioners were also failed by the District Court and High Court.

2. We have heard the learned counsel for the petitioners and have gone through the relevant record.

3. We have observed that admittedly the gift made by Nabi Bakhsh father of the petitioners and respondents Nos. 2-4 and also husband of the respondent No.1 proved to have been validly made and the petitioner No-1 herself admitted the execution of the gift in favour of the respondents by her father and the possession of the gift property in suit was also delivered to the respondents. The only ground that the petitioners should not have been deprived of their rights to inherit, is without force, as Nabi Bakhsh had a full power of disposing of the property and there was no restraint on his right to alienate the same.

4. Under the facts and circumstances of the case we do not think that any case for further consideration is made out. Hence this petition, having no merit is hereby dismissed.

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