' Mst. Bhagan petitioner before this Court filed a suit against Mehdi deceased predecessor-in- interest of respondents Nos,1 to 4 and Zaman Ali respondent No,5 seeking declaration of title in the land mesuring 2 acres situated in village Dhoke Bigli which land was allegedly given to her at the time of her marriage in lieu of dower by her husband, and grant a decree for permanent injunction to the effect that the defendants should not interfere with possession of the property in question were also prayed for. The suit has been contested by the defendants.
2. On the basis of pleadings of the parties, the learned trial Court settled the following issues:--
(1) Whether the suit is not maintainable in its present form?
(2) Whether the suit has not been properly valued for purposes of court-fee?
(3) Whether defendant No,1 is the legal heir of Ghulam Muhammad deceased?
(4) If issue No,1 is proved in affirmative, whether the Ghulam Muhammad deceased gave the suit land in dower to the plaintiff?
(5) Relief.
3. After recording of evidence the trial Court vide judgment and decree dated 21-10-1975 decreed the suit filed by the petitioner. This judgment and decree was challenged in appeal by the defendants which was accepted by the Additional District Judge, Rawalpindi vide judgment and decree dated 2-9-1979 and the suit filed by the petitioner has been dismissed. The main reason which finds favour for setting aside of the finding rendered by the trial Court on the question of giving of the land in lieu of dower is that Khasra numbers of the land which was given at the time of Nikah were entered subsequent to the performance of the date of Nikah and, therefore, it is not proved as to which land was given to the petitioner in lieu of the dower. Aggrieved of this judgment and decree, the petitioner has come up in this civil revision.
4. Mr. M S. Mehboob Advocate has appeared on behalf of the petitioner whereas Malik Muhammad Jaffar Advocate has appeared on behalf of the respondents Nos,1 to 4. Mr. Bashir Ahmad Ansari, Advocate has appeared on behalf of respondent No,5.
5. Learned counsel for the petitioner argued that the factum of giving of two acres of land in lieu of dower stands established from the certified copy of the original Nikahnama Exh.D3 and merely because the Khasra numbers were added subsequent to the date of Nikah it cannot be said that the land in question was not given to the petitioner in lieu of dower, and that there is no bar for a husband to specify the land even subsequent to the date of Nikah by making of entries in the Nikahnama subsequently. There is no legal bar in fixing and giving the landed property given or specifying in lieu of dower even after the date of marriage, thereore, finding of fact rendered by the trial Court could not have been interfered with by the learned first appellate Court merely for the reason that Khasra numbers of the land given in lieu of dower were not mentioned in the Part Nikah on the date of marriage.
6. On the other hand learned counsel for the respondents have contended that as the detail of the land was not originally given in the Part Nikah, therefore, the suit could not have been decreed qua the land in dispute and, therefore, the judgment rendered by the trial Court has rightly been set aside by the learned first appellate Court.
7. I have considered the arguments addressed by the learned counsel for the parties and have also gone through the record. There is an entry in the column No,16 of copy of Nikahnama Exh.D3 that two acres of land had been given in lieu of dower at the time of marriage. During the course of recording of additional evidence by the learned first appellate Court Mansab Khan the Nikah Registrar has stated before the learned first appellate Court that Khasra numbers of the land in question were added in the Part Nikah 5/6 days after the date of Nikah at the behest of late Ghulam Muhammad. The entries of the Nikahnama have been corroborated by the statement of Shakir Khan and Saeed Ahmad P.W.1 and P.W.2. Exh. D2 is the copy of statement made by Late Ghulam Muhammad recorded in the suit titled "Mst. Gohran v. Ghulam Muhammad" decided on 17- 3-1971 by the learned Civil Judge, Rawalpindi wherein he has admitted that he had given two acres of land to the petitioner in lieu of dower at the time of marriage. This statement was made by the deceased much before the controversy had arisen and hence is a very strong piece of favourable evidence and, therefore, it stands established beyond doubt that the deceased Ghulam Muhammad did give land measuring 2 acres in lieu of dower to the peititoncr at the time of Nikah.
There was no bar for him to have specified the land given at the time of marriage by Khasra numbers subsequent to the date of Nikah and this is what he did. There was also no bar to the making of entries of these Khasra numbers in the Part Nikah if the entries were made with mutual consent of the parties. In the case in hand it is A established by the statement of Nikah Registrar who has appeared as D.W.4 that Khasra numbers of the land in dispute were incorporated by him in the Part Nikah Exh.PW/1 at the behest of Ghulam Muhammad deceased subsequent to the date of marriage. Consequently the learned trial Court has rightly held that the land in dispute was given to the petitioner in lieu of dower. The judgment at variance rendered by the appellate Court is based upon surmises and conjectures and findings of fact rendered by the trial Court have been set aside without any lawful basis and justification. Hence findings of fact rendered by the learned first appellate Court are set aside restoring the findings rendered by the learned trial Court, it is held that the land in dispute was given to the petitioner in lieu of dower by Ghulam Muhammad deceased and hence she is the owner thereof.
' Resultantly, this civil revision is accepted. The impugned judgment and decree at variance rendered by the learned first appellate Court is set aside and the judgment and decree rendered by the trial Court is restored. The suit of the petitioner shall stand decreed with costs throughout.