1. S. USMAN ALI SHAH, J.---The petitioner seeks leave to appeal against the order of the Lahore High Court, Lahore dated 9-2-1987 arising out of a suit filed by the plaintiff/petitioner against the defendant/respondent before the Civil Judge, Lahore, for a declaration that he was owner of the house in dispute and that the sale made through the sale-deed dated 9-10-1970 registered on 4- 12-1970 by Abdul Waheed etc. In favour of the defendant/respondent was a benami transaction.
2. The suit was contested by the respondent. The learned Civil Judge, after framing contesting issues and recording evidence thereof decreed the suit in favour of the plaintiff/petitioner vide order dated 11-4-84.
3. The respondent filed appeal against this order before the Addl. District Judge, Lahore which was accepted vide his judgment dated 20-12-1986, and the order of the trial Court was set aside and the suit of the plaintiff/petitioner was dismissed. Thereafter his R.SA. Also failed.
4. We have heard the learned counsel for the parties and have gone through the record of the case.
5. 'The record shows that the petitioner is a wealthy person and 'Mst. Fizatul Zuhra respondent is his second wife. She was serving as teachers and was capable to purchase the suit property from her own income particularly at the time when its market value was not so high. It has also been noted that Ziauddin father of the respondent represented her daughter and made the payment to the vendor. This shows her vigilance that her father before the Registrar made the payment to the vendor. These are the circumstances which needs no interference. The petition is without any merit and is hereby dismissed.