' MUHAMMAD RAFIQ TARAR, J.---Abdul Riaz petitioner seeks leave to appeal from the judgment of a learned Single Judge of the Lahore High Court dated 28-6-1993 whereby Writ Petition No, 607/1992 filed by the respondent challenging the condition attached to the decree of dissolution of marriage on the basis of Khula was allowed and the orders of the Family Court and the learned Additional District Judge directing the return of six Kanals of land by the respondent to the petitioner were declared without lawful authority and of no legal effect.
2. The brief facts of the case are that Mst. Hamidan respondent filed a suit for dissolution of marriage against the petitioner who also filed a suit for restitution of conjugal rights against her.
Both the suits were consolidated. Issues relating to non-payment of maintenance for over two years, failure to perform marital obligations without lawful excuse for over three years, habitual cruelty and Khula' were decided in favour of the respondent. The suit was, however, decreed on the basis of 'Chula' alone and decree was made subject to return of six Kanals of land to the petitioner which was gifted to the respondent by her father-in-law i,e. The father of the petitioner. The respondent challenged the condition through Family Appeal No, 31 of 1992 before the learned Additional District Judge but the same was dismissed vide judgment dated 19-5-1992.
3. Learned counsel for the petitioner contends that the High Court was not justified in disturbing the concurrent determination of compensation for Khula by the Courts below in its Constitutional jurisdiction. He further submits that the respondent in the grounds of appeal before the learned, Additional District Judge did not plead that she was entitled to decree, of dissolution of marriage on the grounds other than Khula and had such a plea been raised the petitioner might have succeeded in showing that the findings on the other issues were liable to be set aside.
5. Having considered the submissions made by the learned counsel in the light of material available on the record we do not find any infirmity or legal error in the impugned judgment. The learned Single Judge held that as the findings of the learned Family Judge on issues Nos. 3, 4 and 5 entitled her to the decree for dissolution of marriage, it was wholly unnecessary for the marriage to be dissolved on the ground of Khula". This observation well-reasoned. Furthermore according to the entries in the Nikahnama the was gifted to the respondent by her father-in-law in lieu of services rendered by her and not in consideration for the marriage. There is, thus, no merit in this petition and the same is dismissed.