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1991 SCMR 1368

MUHAMMAD SIDDIQUE And Another vs Mst. RESHMAN BIBI And Another

Citation1991 SCMR 1368
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.179 of 1987 Revision No. 114-D of 1987
Date1991-10-30
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultLeave refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the defendants in a suit for declaration; against the dismissal by the High Court, of their Civil Revision.

2. The petitioners are donees of land blonging to respondent No.1 said to have been gifted by her to them through respondent No.2, a daughter of the donor as her agent, through a Power of Attorney.

3. The gift having been challenged through a suit, it was dismissed by the trial Court. The appeal against the petitioners having been allowed, the petitioners' Civil Revision was dismissed. They have, therefore, now sought leave to appeal.

4. The appeal Court after properly scrutinizing the Power of Attorney held that it did not confer the authority to make gift and further that the donor had never intended to gift away the property in question to the petitioners, who are the sons-in-law of her sister and that it was particularly so when the donor's own son-in-law was not given any such benefit. The High Court after noting the question relating to burden of proof affirmed the decision of the appellate Court.

5. The factum and validity of the so-called gift relied upon from the petitioners' side are questions of fact in this case. They stand concluded by findings duly rendered against the petitioners.

6. After hearing the learned counsel we are not satisfied that the impugned judgment requires interference by this Court. It suffers from no infirmity, legal or otherwise. Leave to appeal, therefore, is refused.

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